§ 514.18 — Retaining
Plain-Language Summary
This section creates a lien for anyone who stores, cares for, or improves personal property at the owner's request. The person holding the property can keep it until they are paid. A nonpossessory lien can be preserved by filing a statement within 60 days of giving up possession.
514.18 RETAINING.
§
Subdivision 1.Mechanics’ lien on personal property.
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 possession of the property until such lien is lawfully discharged. §
Subd. 1a.
[Renumbered 168B.045] §
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 upon giving notice of the lien at any time within 60 days after the surrender or loss of possession, by filing in the appropriate filing office under the Uniform Commercial Code, section 336.9-501, a verified statement and notice of 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 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.
History:
(8507) RL s 3521; 1905 c 328 s 1; 1907 c 114 s 1; 1984 c 479 s 1; 1986 c 444; 1989 c 256 s 2; 2001 c 195 art 2 s 22; 2010 c 351 s 63; 2012 c 287 art 3 s 64
History: History: (8507) RL s 3521; 1905 c 328 s 1; 1907 c 114 s 1; 1984 c 479 s 1; 1986 c 444; 1989 c 256 s 2; 2001 c 195 art 2 s 22; 2010 c 351 s 63; 2012 c 287 art 3 s 64