Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 479-H.F.No. 1149
           An act relating to liens; providing a nonpossessory 
          lien on personal property; amending Minnesota Statutes 
          1982, section 514.18. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 514.18, is 
amended to read: 
    514.18 [RETAINING.] 
    Subdivision 1.  [MECHANICS' LIEN ON PERSONAL PROPERTY; 
PROPERTY IN POSSESSION.] Whoever, at the request of the owner or 
legal possessor of any personal property, shall store or care 
for or contribute in any of the modes mentioned in section 
514.19 to its preservation, care, or to the enhancement of its 
value, shall have a lien upon such property for the price or 
value of such storage, care, or contribution, and for any legal 
charges against the same paid by such person to any other 
person, and the right to retain the property in his possession 
until such lien is lawfully discharged; but a voluntary 
surrender of possession shall extinguish the lien herein given.  
    Subd. 2.  [NONPOSSESSORY LIEN; NOTICE.] Notwithstanding the 
voluntary surrender or other loss of possession of the property 
on which the lien is claimed, the person entitled thereto may 
preserve the lien, if at any time within 60 days after the 
surrender or loss of possession he gives notice of his lien by 
filing in the appropriate filing office under the uniform 
commercial code, Minnesota Statutes, section 336.9-401 a 
verified statement and notice of his intention to claim a lien. 
The statement shall contain a description of the property upon 
which the lien is claimed, the work performed or materials 
furnished and the amount due.  
    Subd. 3.  [PRIORITY; SECURITY; INTEREST; FORECLOSURE.] The 
lien shall be valid against everyone except a purchaser or 
encumbrancer in good faith without notice and for value whose 
rights were acquired prior to the filing of the lien statement 
and who has filed a statement of his interest in the appropriate 
filing office.  The lien shall be considered a security interest 
under the uniform commercial code and foreclosure thereon shall 
be in the manner prescribed for security interests under article 
9 of the uniform commercial code.  
    Subd. 4.  [MOTOR VEHICLES EXCLUDED.] Subdivisions 2 and 3 
shall apply to machinery, implements and tools of all kinds but 
shall not apply to motor vehicles. 
    Approved April 25, 1984