13-31-302. Sale of molds for payment of lien.

318 words·~1 min read·/ut/title-13/chapter-31/13-31-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Prior to selling a mold, the molder shall send written notice by registered mail to the last-known address of the customer.

(b)The notice required by Subsection (1)(a) shall include:

(i)the molder's intention to sell the mold 30 days from the day the customer received the notice;

(ii)the description of the mold to be sold;

(iii)the time and place of the sale; and

(iv)an itemized statement for the amount due the molder from the customer.

(c)A molder shall publish notice of the molder's intention to sell a mold in a newspaper of general circulation covering the customer's last-known address and as required in Section 45-1-101 if:

(i)the receipt of the mailing of the notice described in Subsection (1)(a) is not returned; or

(ii)the postal service returns the notice described in Subsection (1)(a) as being nondeliverable.

(d)The notice provided for in Subsection (1)(c) shall include a description of the mold.

(2)A molder may sell a mold 30 days from the later of the day:

(a)the customer received the notice in accordance with Subsection (1)(a) ; or

(b)the date the molder published the notice under Subsection (1)(c) .

(3)If from the sale of a mold under this section the molder receives an amount in excess of the amount of the lien, the excess shall be paid as follows:

(a)to any prior lienholder known to the molder at the time of the sale; and

(b)after paying any lienholder under Subsection (3)(a) , the remainder:

(i)if the customer's address is known at the time of sale, to the customer; or

(ii)if the customer's address is not known at the time of sale, to the state in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act .

Amended by Chapter 388 , 2009 General Session