445.620b Sale of die, mold, or form; notice of intent.

362 words·~2 min read·/mi/chapter-445/445-620b

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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 a perfected security interest in the die, mold, or form under part 5 of article 9 of the uniform commercial code, 1962 PA 174, MCL 440.9501 to 440.9527, by certified mail, return receipt requested, of all of the following:

(a)The moldbuilder's intention to sell the die, mold, or form 60 days after the receipt of the notice.

(b)A description of the die, mold, or form to be sold.

(c)The last known location of the die, mold, or form.

(d)The time and place of the sale.

(e)An itemized statement of the amount due.

(f)A statement that the die, mold, or form was accepted and the acceptance was not subsequently rejected.

(2)If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the moldbuilder shall publish notice of the moldbuilder's intention to sell the die, mold, or form in a newspaper of general circulation in the place where the die, mold, or form is last known to be located, in the place of the customer's last known address, and in the place of the molder's last known address. The published notice shall include a description of the die, mold, or form and the name of the customer and the molder.

(3)If a customer or molder against whom the lien is asserted disagrees that the die, mold, or form was accepted or that the acceptance was not subsequently rejected, the customer or molder shall notify the moldbuilder in writing by certified mail, return receipt requested, that the die, mold, or form was not accepted or that the acceptance was subsequently rejected. A moldbuilder who receives this notice shall not sell the die, mold, or form until the dispute is resolved.

History: Add. 2002, Act 17 , Imd. Eff. Mar. 1, 2002