Bill Text: MI HB4359 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Liens; other; moldbuilders' liens; modify provisions regarding right to possession. Amends sec. 10a of 1981 PA 155 (MCL 445.620a). TIE BAR WITH: HB 4358'09
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-17 - Referred To Second Reading [HB4359 Detail]
Download: Michigan-2009-HB4359-Introduced.html
HOUSE BILL No. 4359
February 19, 2009, Introduced by Reps. Meltzer, Gregory, Meadows, Kandrevas, Proos, Walsh, Marleau, Tyler and Roy Schmidt and referred to the Committee on Judiciary.
A bill to amend 1981 PA 155, entitled
"An act to provide for ownership rights in dies, molds, and forms
for use in the fabrication of plastic parts under certain
conditions and to establish a lien on certain dies, molds, and
forms,"
by amending section 10a (MCL 445.620a), as added by 2002 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10a. Subject to section 10b, if the moldbuilder has not
been paid the amount claimed in the notice required under section
10
within 90 30 days after the notice required under section 10 has
been received by the customer and the molder, the moldbuilder has a
right to immediate possession of the die, mold, or form and may
enforce the right to immediate possession of the die, mold, or form
by judgment, foreclosure, or any available judicial procedure,
including a motion allowed under the court rules. The moldbuilder
may
do 1 or more both of the following:
(a) Take immediate possession of the mold, die, or form. The
moldbuilder may take immediate possession without judicial process
if this can be done without breach of the peace.
(b) Sell the die, mold, or form 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.
01522'09).
(b) Senate Bill No.____ or House Bill No. 4358(request no.
01524'09).
