Bill Text: MI HB4356 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Liens; other; special tools liens; modify provisions regarding right to possession. Amends sec. 27 of 2002 PA 481 (MCL 570.567). TIE BAR WITH: HB 4357'09

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2010-02-17 - Referred To Second Reading [HB4356 Detail]

Download: Michigan-2009-HB4356-Introduced.html

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HOUSE BILL No. 4356

 

 

February 19, 2009, Introduced by Reps. Proos, Meltzer, Walsh, Marleau, Gregory, Kandrevas, Tyler and Roy Schmidt and referred to the Committee on Judiciary.

 

     A bill to amend 2002 PA 481, entitled

 

"Special tools lien act,"

 

by amending section 27 (MCL 570.567).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 27. Subject to section 29, if the special tool builder

 

has not been paid the amount claimed in the notice required under

 

section 25 within 90 30 days after the notice required under

 

section 25 has been received by the customer and the end user, the

 

special tool builder has a right to immediate possession of the

 

special tool and may enforce the right to immediate possession of

 

the special tool by judgment, foreclosure, or any available

 

judicial procedure, including a motion allowed under the court

 

rules. The special tool builder may do 1 or more both of the

 

following:

 

     (a) Take immediate possession of the special tool. The special

 

tool builder may take immediate possession without judicial process

 

if this can be done without breach of the peace.

 

     (b) Sell the special tool in a public auction.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No.____ (request no.

 

00243'09 *).

 

     (b) Senate Bill No.____ or House Bill No. 4357(request no.

 

00245'09 *).