HF 3171

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liens; providing a watchmaker's or 
  1.3             jeweler's lien for the value of work performed; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 514. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [514.99] [WATCHMAKER OR JEWELER LIEN.] 
  1.8      Subdivision 1.  [ATTACHMENT.] A person who performs work on 
  1.9   a watch, clock, or jewelry at the request of the owner or a 
  1.10  person in possession of the watch, clock, or jewelry has a lien 
  1.11  on the watch, clock, or jewelry for the value of the work. 
  1.12     Subd. 2.  [FILING AND PERFECTING LIEN.] The person 
  1.13  performing the work under subdivision 1 must file a lien 
  1.14  statement in the appropriate filing office for a financing 
  1.15  statement covering the watch, clock, or jewelry to be filed 
  1.16  under section 336.9-401 by 180 days after the last item of the 
  1.17  work is performed.  A lien does not include work performed more 
  1.18  than one year before the date on which the last item of the work 
  1.19  is performed.  The lien is perfected by properly filing the lien 
  1.20  statement.  Notwithstanding section 336.9-402, there is no 
  1.21  requirement in filing to give the social security number or the 
  1.22  Internal Revenue Service taxpayer identification number of the 
  1.23  debtor.  
  1.24     Subd. 3.  [LIEN STATEMENT.] (a) A lien statement must be 
  1.25  verified and state: 
  2.1      (1) the name of the owner, or reputed owner, of the 
  2.2   property covered by the lien; 
  2.3      (2) the name of the person for whom the work was performed; 
  2.4      (3) the kind, number, and reasonable identification of 
  2.5   watches, clocks, or jewelry for which work was performed; 
  2.6      (4) the dates when the work was begun and finished; 
  2.7      (5) the reasonable value of the work performed, or the 
  2.8   price contracted between the parties; and 
  2.9      (6) the name and address of the person claiming the lien. 
  2.10     (b) The provisions of section 514.74 relating to 
  2.11  inaccuracies in lien statements apply to lien statements under 
  2.12  this subdivision. 
  2.13     Subd. 4.  [ENFORCEMENT OF LIEN.] An action to enforce a 
  2.14  perfected lien under this section must be started by one year 
  2.15  after the date the last item of work was performed.  A perfected 
  2.16  lien may be enforced in the manner prescribed for security 
  2.17  interests under sections 336.9-501 to 336.9-508. 
  2.18     Subd. 5.  [PRIORITY OF LIEN.] A perfected lien is valid 
  2.19  against everyone except a purchaser or encumbrancer in good 
  2.20  faith without notice and for value whose rights were acquired 
  2.21  before the lien statement under subdivision 3 was filed and who 
  2.22  has filed a statement of interest in the appropriate filing 
  2.23  office. 
  2.24     Subd. 6.  [TERMINATION.] (a) A lien under this section 
  2.25  terminates: 
  2.26     (1) 180 days after the last item of work was performed if a 
  2.27  proper lien statement is not filed; or 
  2.28     (2) one year after the lien is filed if an action to 
  2.29  enforce the lien has not been started. 
  2.30     (b) A filing officer may remove and destroy terminated lien 
  2.31  statements in the same manner as provided for a financing 
  2.32  statement under section 336.9-410.