13-31-302 - Sale of molds for payment of lien.
13-31-302. Sale of molds for payment of lien.
(1) (a) Prior to selling a mold, the molder shall send written notice by registered mail tothe 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 thenotice;
(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 newspaperof general circulation covering the customer's last-known address and as required in Section45-1-101 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 beingnondeliverable.
(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 excessof 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 accordancewith Title 67, Chapter 4a, Unclaimed Property Act.
Amended by Chapter 388, 2009 General Session