Section 570.541 – Short Title.
570.541 Short title. Sec. 1. This act shall be known and may be cited as the “special tools lien act”. History: 2002, Act 481, Imd. Eff. June 27, 2002
Section 570.542 – Definitions.
570.542 Definitions. Sec. 2. For purposes of this act: (a) “Customer” means a person who causes a special tool builder to design, develop, manufacture, assemble for sale, or otherwise make a special tool for use in the design, development, manufacture, assembly, or fabrication of metal parts, or a person who causes an end user to […]
Section 570.543 – Special Tools; Unclaimed Possession; Transfer of Rights From Customer to End User; Destruction.
570.543 Special tools; unclaimed possession; transfer of rights from customer to end user; destruction. Sec. 3. Unless otherwise agreed in writing, if a customer does not claim possession of a special tool from the end user within 3 years from the last use with that end user of the special tool, all rights, title, and […]
Section 570.545 – Transfer of Rights to End User; Notice; Waiting Period.
570.545 Transfer of rights to end user; notice; waiting period. Sec. 5. After the expiration of the 3-year period set forth in section 3, if an end user chooses to have all rights, title, and interest in a special tool transferred to the end user by operation of law, the end user shall send written […]
Section 570.547 – Return Receipt of Notice; Possession Unclaimed; Transfer.
570.547 Return receipt of notice; possession unclaimed; transfer. Sec. 7. If a customer does not claim possession of the special tool within 120 days after the date the end user receives the return receipt of the notice sent under section 5, or does not make other arrangements with the end user for storage of the […]
Section 570.549 – Retroactive Application of Waiting Period.
570.549 Retroactive application of waiting period. Sec. 9. The 3-year waiting period provided in section 3 shall apply retroactively in the case of a special tool in the possession of an end user on the effective date of this act. History: 2002, Act 481, Imd. Eff. June 27, 2002
Section 570.551 – Applicability and Construction of MCL 570.543, 570.545, 570.547, and 570.549.
570.551 Applicability and construction of MCL 570.543, 570.545, 570.547, and 570.549. Sec. 11. Sections 3, 5, 7, and 9 shall not apply if an end user retains title to and possession of a special tool. Sections 3, 5, 7, and 9 shall not be construed to grant a customer rights, title, or interest in a […]
Section 570.553 – Lien; Possession.
570.553 Lien; possession. Sec. 13. 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 […]
Section 570.555 – Enforcement of Lien; Notice.
570.555 Enforcement of lien; notice. Sec. 15. Before enforcing a lien granted to an end user under section 13, notice in writing shall be given to the customer, 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 […]
Section 570.557 – Sale of Special Tool at Public Auction; Conditions.
570.557 Sale of special tool at public auction; conditions. Sec. 17. If the end user has not been paid the amount due within 90 days after the notice has been received by the customer provided in section 15, the end user may sell the special tool at a public auction if both of the following […]
Section 570.559 – Sale of Special Tool at Public Auction; Notice; Information; Notice Nondeliverable; Dispute.
570.559 Sale of special tool at public auction; notice; information; notice nondeliverable; dispute. Sec. 19. (1) Before an end user may sell the special tool, the end user 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: […]
Section 570.561 – Payment of Proceeds to Prior Lienholder; Payment of Amount to End User Possessing Lien or to Customer.
570.561 Payment of proceeds to prior lienholder; payment of amount to end user possessing lien or to customer. Sec. 21. (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 […]
Section 570.563 – Information Recorded by Special Tool Builder; Filing Financial Statement; Constructive Notice of Lien on Special Tool; Attachment; Duration of Lien; Priority.
570.563 Information recorded by special tool builder; filing financial statement; constructive notice of lien on special tool; attachment; duration of lien; priority. 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. […]
Section 570.565 – Enforcement of Lien; Notice.
570.565 Enforcement of lien; notice. Sec. 25. To enforce a lien that attaches under section 23, the special tool builder shall give notice of the lien in writing to the customer and the end user. The notice shall be given by hand delivery or certified mail, return receipt requested, to the last known address of […]
Section 570.567 – Rights of Possession.
570.567 Rights of possession. 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 days after the notice required under section 25 has been received by the customer and the end user, the special tool builder has a […]
Section 570.569 – Sale of Special Tool With Lien Asserted.
570.569 Sale of special tool with lien asserted. Sec. 29. (1) Before a special tool builder may sell a special tool for which a lien is claimed and for which the required notice has been sent under section 25, the special tool builder shall notify the customer, the end user, and all other persons that […]
Section 570.571 – Sale of Special Tool; Use of Excess Proceeds; Prohibition.
570.571 Sale of special tool; use of excess proceeds; prohibition. Sec. 31. (1) If the proceeds of the sale are greater than the amount of the lien, the proceeds shall first be paid to the special tool builder in the amount necessary to satisfy the lien. All proceeds in excess of the lien shall be […]