445.611 Definitions. Sec. 1. For purposes of this act: (a) “Customer” means a person who causes a moldbuilder to fabricate, cast, or otherwise make a die, mold, or form for use in the manufacture, assembly, or fabrication of plastic parts, or a person who causes a molder to use a die, mold, or form to […]
445.612 Transfer of rights, title, and interest in die, mold, or form to molder; purpose. Sec. 2. Unless otherwise agreed in writing, if a customer does not claim possession of a die, mold, or form from the molder within 3 years from the last use of the die, mold, or form, all rights, title, and […]
445.613 Notice of intention to terminate customer’s rights, title, and interest in die, mold, or form. Sec. 3. After the expiration of the 3-year period set forth in section 2, if a molder chooses to have all rights, title, and interest in a die, mold, or form transferred to the molder by operation of law, […]
445.614 Effect of customer’s failure to claim possession of die, mold, or form or to make storage arrangements; construction of section. Sec. 4. If a customer does not claim possession of the die, mold, or form within 120 days after the date the molder receives the return receipt of the notice sent pursuant to section […]
445.615 Retroactive application of 3-year waiting period. Sec. 5. The 3-year waiting period provided in section 2 shall apply retroactively in the case of a die, mold, or form in the possession of a molder on the effective date of this act. History: 1981, Act 155, Eff. Jan. 1, 1982
445.616 Applicability and construction of MCL 445.612 to 445.615. Sec. 6. Sections 2 to 5 shall not apply if a molder retains title to and possession of a die, mold, or form. Sections 2 to 5 shall not be construed to grant a customer rights, title, or interest in a die, mold, or form. History: […]
445.617 Effective date. Sec. 7. This act shall take effect January 1, 1982. History: 1981, Act 155, Eff. Jan. 1, 1982
445.618 Molder’s lien. Sec. 8. A molder has a lien, dependent on possession, on any die, mold, or form in the molder’s possession belonging to a customer for the amount due the molder from the customer for plastic fabrication work performed with the die, mold, or form. A molder may retain possession of the die, […]
445.618a Enforcement of lien; notice. Sec. 8a. Before enforcing a lien granted to a molder under section 8, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. The notice shall state that a lien is claimed for the amount […]
445.618b Sale of die, mold, or form; conditions. Sec. 8b. If the molder has not been paid the amount due within 90 days after the notice has been received by the customer provided in section 8a, the molder may sell the die, mold, or form at a public auction if both of the following occur: […]
445.618c Sale of die, mold, or form; notice; dispute. Sec. 8c. (1) Before a molder may sell the die, mold, or form, the molder shall notify, by registered mail, return receipt requested, the customer and any person whose security interest is perfected by filing. The notice shall include the following information: (a) The molder’s intention […]
445.618d Sale for sum greater than amount of lien; disposition of proceeds; prohibited sales. Sec. 8d. (1) If the sale is for a sum greater than the amount of the lien, the proceeds shall first be paid to the prior lienholder who has a perfected lien in an amount sufficient to extinguish that interest. Any […]
445.619 Moldbuilder; lien; requirements. Sec. 9. (1) A moldbuilder shall permanently record on every die, mold, or form that the moldbuilder fabricates, repairs, or modifies the moldbuilder’s name, street address, city, and state. (2) A moldbuilder shall file a financing statement in accordance with the requirements of section 9502 of the uniform commercial code, 1962 […]
445.620 Moldbuilder; lien; enforcement; notice. Sec. 10. To enforce a lien that attaches under section 9, the moldbuilder shall give notice in writing to the customer and the molder. The notice shall be given by hand delivery or certified mail, return receipt requested, to the last known address of the customer and to the last […]
445.620a Moldbuilder; right to possession of die, mold, or form. 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 days after the notice required under section 10 has been received by the customer and the molder, the moldbuilder has […]
445.620b Sale of die, mold, or form; notice of intent. Sec. 10b. (1) Before a moldbuilder may sell a die, mold, or form for which a lien is claimed and for which the required notice has been sent under section 10, the moldbuilder shall notify the customer, the molder, and all other persons that have […]
445.620c Sale; proceeds; prohibition. Sec. 10c. (1) If the proceeds of the sale are greater than the amount of the lien, the proceeds shall first be paid to the moldbuilder in the amount necessary to satisfy the lien. All proceeds in excess of the lien shall be paid to the customer. (2) A sale shall […]
