Artisans' and Personal Property Service Liens
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Statutes
When an article, implement, utensil or vehicle, except motor vehicles, is repaired or cleaned, glazed or washed, with labor, with or without material, by a carpenter, mechanic, artisan or other workman, such person shall have a lien thereon for the labor or material and may retain possession thereof until the amount due is fully paid. (A.R.S. § 33-1021) Persons who fabricate products from patterns, molds, tools, dies and all other equipment and material furnished them by a customer shall have a lien upon all such patterns, molds, tools, dies and all other equipment and material in their possession for the balance due them by the customer for fabrication work which has been accepted by the customer. (A.R.S. § 33-1022.01) Proprietors of garages and repair and service stations shall have a lien upon motor vehicles of every kind and aircraft, and the parts and accessories placed thereon, for labor, materials, supplies and storage for the amount of the charges, when the amount of the charges is agreed to by the proprietor and the owner. (A.R.S. § 33-1022) When any garment, wearing apparel or other article is cleaned, pressed or washed by any dry cleaner or launderer, the dry cleaner or launderer has a lien on the garment, apparel or article for the labor and may retain possession of the garment, apparel or article until the amount due is fully paid. (A.R.S. § 33-1021.01) When possession of any property described in this article or any other personal property held under lien without provision at law for foreclosure of the lien has continued for twenty days after the charges accrue and remain unpaid, the person holding the property may notify the owner, if in the county where the property is located, to pay the charges. Upon failure of the owner within ten days thereafter to pay the charges, the holder of the property may sell it at public auction and apply the proceeds to payment of the charges. The balance of the proceeds shall be paid to the person entitled thereto. If the owner's residence is not in the county where the property is located, the holder is not required to give the ten days' notice before proceeding to sell. (A.R.S. § 33-1023)
Cases
Comments
In cases involving true leases of personal property, these Artisan's or Personal Property Service Liens arguably should not attach to the property, since the lessee is not the owner of the same, unless the lessor has given the lessee actual or apparent authority to employ the third party service provider to provide labor, material or services relating to that property. In certain circumstances, however, the presence of these lien rights may complicate a lease transaction.
Contributors
John G. Sinodis
The statutory information was edited and reviewed with the support of MultiState
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