Bill Text: MI HB4492 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Liens; other; special tools liens; provide for interest and attorney fees. Amends secs. 13 & 23 of 2002 PA 481 (MCL 570.553 & 570.563).
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2009-03-04 - Printed Bill Filed 03/04/2009 [HB4492 Detail]
Download: Michigan-2009-HB4492-Introduced.html
HOUSE BILL No. 4492
March 3, 2009, Introduced by Reps. Constan, Durhal, Bettie Scott, Stanley, Robert Jones, Miller, Cushingberry, Liss, Gonzales, Scripps, Geiss, Kandrevas, Terry Brown, Spade, Ebli, Leland and LeBlanc and referred to the Committee on Judiciary.
A bill to amend 2002 PA 481, entitled
"Special tools lien act,"
by amending sections 13 and 23 (MCL 570.553 and 570.563).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. (1) An end user has a lien, dependent on possession,
on any special tool in the end user's possession belonging to a
customer for the amount due the end user from the customer for
metal fabrication work performed with the special tool. An end user
may retain possession of the special tool until the amount due is
paid.
(2) The amount due to an end user from a customer under this
act includes both of the following:
(a) Interest on the principal due to the end user at the rate
of 13% compounded annually or, if there is a written agreement
between the end user and the customer relating to the special tool
that contains a provision for interest, the interest rate in the
written agreement, whichever is less.
(b) A reasonable attorney fee if the end user has incurred
attorney fees in recovering the amount due.
Sec. 23. (1) A special tool builder shall permanently record
on every special tool that the special tool builder fabricates,
repairs, or modifies the special tool builder's name, street
address, city, and state.
(2) A special tool builder shall file a financing statement in
accordance
with the requirements of section 9502 of the uniform and
commercial code, 1962 PA 174, MCL 440.9502.
(3) A special tool builder has a lien on any special tool
identified pursuant to subsection (1). The amount of the lien is
the amount that a customer or end user owes the special tool
builder for the fabrication, repair, or modification of the special
tool. The information that the special tool builder is required to
record on the special tool under subsection (1) and the financing
statement
required under subsection (2) shall constitute constitute
actual and constructive notice of the special tool builder's lien
on the special tool.
(4) The amount owed to a special tool builder from a customer
or end user under this act includes both of the following:
(a) Interest on the principal due to the special tool builder
at the rate of 13% compounded annually or, if there is a written
agreement between the special tool builder and the customer or end
user relating to the special tool that contains a provision for
interest, the interest rate in the written agreement, whichever is
less.
(b) A reasonable attorney fee if the special tool builder has
incurred attorney fees in recovering the amount owed.
(5) (4)
The special tool builder's lien attaches when actual
or constructive notice is received. The special tool builder
retains the lien that attaches under this section even if the
special tool builder is not in physical possession of the special
tool for which the lien is claimed.
(6) (5)
The A special tool builder's lien remains valid until
the first of the following events takes place:
(a) The special tool builder is paid the amount owed by the
customer or end user.
(b) The customer receives a verified statement from the end
user that the end user has paid the amount for which the lien is
claimed.
(c) The financing statement is terminated.
(7) (6)
The priority of a lien created under this act on a
special tool shall be determined by the time the lien attaches. The
first
lien to attach shall have has
priority over liens that attach
subsequent
to after the first lien.
