SENATE BILL NO. 733
February 28, 2024, Introduced by Senator BUMSTEAD and referred to the Committee on Natural
Resources and Agriculture.
A bill to amend 1846 RS 126, entitled
"Of the lien of mechanics and others,"
by amending section 37 (MCL 570.187) and by adding section 37a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 37. (1) In either of the cases mentioned in the 2
2 preceding sections, Except as provided in section 37a, if the owner
3 of or the person entitled to the property, materials, or stock so
4 delivered, or the person entitled thereto shall not, delivered
5 under section 35 or 36 does not, when such the article shall have
6 been is constructed, completed, altered, fitted, or repaired, or
7 the time having has expired for the keeping such to keep the
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1 article or stock, and the same being article or stock is ready to
2 be delivered to such the owner or other persons, person, and the
3 charges thereon shall be for the article or stock are due and
4 payable, pay to such the mechanic, artisan, tradesman, or other
5 person the amount of such the charges, the person having such the
6 lien under section 35 or 36 may enforce the lien. same as
7 hereinafter provided: Provided, however, Any mechanic, artisan or
8 tradesman who shall make, clean, alter or repair any article of
9 personal property at the request of the owner or legal possessor of
10 property shall have a lien on such property so made, cleaned,
11 altered or repaired for his just and reasonable charges for work
12 done, and material furnished, and may hold and retain possession of
13 the same until such just and reasonable charges shall be paid, and
14 in default of payment may foreclose said lien, as hereinafter
15 provided. When
16 (2) Except as provided in section 37a, if any property upon
17 which a mechanic, artisan, tradesman, or other person shall have
18 that has a lien for unpaid charges under this act shall remain
19 remains in possession of a mechanic, artisan, tradesman, or other
20 person without payment and or without proceeding at law in
21 reference thereto, the mechanic, artisan, tradesman, or other
22 person filing a suit under this act, for a period of 9 months, such
23 the mechanic, artisan, tradesman, or other person may sell such the
24 property at public sale upon like after providing notice and
25 proceeding as in the case of a constable sale on execution. as
26 required under this section.
27 (3) Thirty days before the date of said sale, such the sale
28 under this section, the mechanic, artisan, tradesman, or other
29 person shall give notice of the time and place of said the sale and
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1 the amount claimed , by depositing the same in the postoffice with
2 postage prepaid and registered and addressed by registered mail to
3 the last known address of the said owner or person who delivered
4 said the property to such the mechanic, artisan, tradesman, or
5 other person. and which The notice may be in substance as follows:
6 ................., Michigan.
7 ..................., 19 20 ....
8 John Smith,Name of the owner
9 or person who delivered the
10 property,
11 ............... Michigan.
12 You are hereby notified that I hold the property hereinafter
13 described in this notice and claim a lien upon on the same property
14 for work, (and materials) materials, and expenses in connection
15 therewith, with the property amounting to ....................
16 dollars, and that I shall will offer said the property for sale at
17 my place of business the following location (in the township of
18 ......................), at number ................... street, in
19 the city of ......................, county of .................,
20 State of Michigan, on the ............ day of ................, at
21 ............ o'clock in the .............., noon, to satisfy the
22 amount of my said the claim and expenses.
23 Said The property is described substantially as follows:
24 Signed,
25 ..................
26 (4) If such Except as provided in section 37a, if the owner or
27 other person in his on the owner's behalf shall does not pay the
28 amount of such the claim and charges before the advertised day of
29 sale, said the property shall thereupon must be sold pursuant to
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1 said the notice of sale, to the highest bidder. , and said The
2 mechanic, artisan, tradesman, or other person may become be the
3 purchaser. The proceeds of such the sale shall must be applied to
4 the payment of said the lien, costs, and expenses, and the balance,
5 if any, shall must be paid to the city or township clerk of the
6 city or township where such the sale takes place, for the benefit
7 of such the owner, and notice of such the deposit shall must be
8 sent to him the owner by registered mail.
9 Sec. 37a. (1) If an animal is abandoned in the care of a
10 person and charges for the care of the animal are due to the
11 person, the person has a lien against the animal under section 35.
12 (2) If a person gives notice under this section, the person in
13 possession of the animal may sell the animal at a public sale after
14 possessing the animal for 60 days without payment or the filing of
15 a suit under this act.
16 (3) Thirty days before the date of the sale of an animal under
17 this section, the person shall give notice of the time and place of
18 the sale and the amount claimed by the person by registered mail to
19 the last known address of the owner of the animal or to the person
20 who delivered the animal under section 35. The form in section 37
21 may be used to give notice under this subsection.
22 (4) If the owner, or another person on behalf of the owner,
23 does not pay the amount of the claim before the advertised day of
24 sale, the animal must be sold to the highest bidder. The person
25 selling the animal may be the purchaser. The proceeds of the sale
26 must be applied to the payment of the lien, costs, and expenses of
27 keeping the animal. The remaining balance, if any, must be paid to
28 the city or township clerk of the city or township where the sale
29 takes place.
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1 (5) The city or township clerk under subsection (4) shall send
2 notice of the payment to the owner of the animal by registered
3 mail. If the owner does not collect the balance under subsection
4 (4) from the city or township clerk no later than 60 days after
5 notice is sent, the city or township clerk shall pay the balance to
6 the person that possessed the lien on the animal sold under this
7 section.
8 (6) As used in this section:
9 (a) "Abandoned" means an animal that is not picked up at the
10 agreed-upon time or paid for by the owner or a representative of
11 the owner after any of the following:
12 (i) The animal is delivered under section 35.
13 (ii) The animal is left in the care of a local government.
14 (iii) The animal is found and taken in by a local government.
15 (b) "Animal" means any horse, mule, neat cattle, sheep, or
16 swine.
17 (c) "Local government" means a county, city, township, or
18 village or any political subdivision of a county, city, township,
19 or village.
20 (d) "Person" means any individual, firm, partnership,
21 association, corporation, or local government.
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Statutes affected:
Senate Introduced Bill: 570.187