LD 159
pg. 1
LD 159 Title Page An Act to Allow the Bureau of Labor Standards to Better Secure Payment of Unpai... Page 2 of 2
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LR 946
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 26 MRSA §52 is enacted to read:

 
§52.__Liens

 
1.__Form; effect.__Upon the failure of an employer to pay the
amount assessed for unpaid wages or severance pay pursuant to
chapters 7 and 15, the director may file in the registry of deeds
of any county a certificate stating the name of the employer; the
employer's address; the amount of unpaid wages or severance pay;
and either that the time permitted for an appeal has expired
without the appeal having been taken or that delay will
jeopardize collection.__When the certificate is duly filed and
recorded, the amount of the assessment is a lien upon the entire
interest of the employer, legal or equitable, in any real or
tangible personal property situated within the jurisdiction of
the office in which that certificate was filed.__A lien obtained
in this manner is a lien for unpaid wages or severance pay and
the priority of the lien is governed by the laws of this State.__
The lien is subordinate to any real estate mortgage previously
recorded as required by law.__A lien for unpaid wages or
severance pay is not valid against one who purchases personal
property from the employer in the usual course of business, in
good faith and without actual notice of the lien.__The lien may
be enforced against any real or personal property by a civil
action in the name of the director.__The director shall discharge
any such lien upon receiving, from any employer against whose
property a lien certificate has been filed, a good and sufficient
bond with sureties conditioned upon the payment of the amount of
unpaid wages or severance pay as finally determined together with
any additional amount that may have become due or may have
accrued under this chapter and costs of court, if any.

 
The remedies in this subsection are in addition to all other
remedies.

 
2.__Filing lien.__Certificates of liens for unpaid wages or
severance pay, or certificates discharging the liens prepared in
accordance with this section, must be received, recorded and
indexed by registrars of deeds in the same manner as similar
instruments are recorded and indexed.__The fee to be paid by the
director for recording each certificate is the usual and
customary fee, which need not be prepaid.__This recording fee
along with all other filing fees is the liability of the employer
and must be assessed as part of the lien pursuant to subsection
1.

 
3.__Enforcement of lien.__After any assessment has become
final and rights of appeal exhausted or lost by virtue of failure
to exercise those rights, any property, real or personal, upon


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