General Laws of Massachusetts - Chapter 255 Mortgages, Conditional Sales and Pledges of Personal Property, and Liens Thereon - Section 31F Paintings, photographs and other personal property

Section 31F. Any person engaged in performing work upon any painting, photograph or other piece of personal property for a price shall have a lien upon such painting, photograph or other piece of personal property for the amount of any account that may be due for such work; provided, however, that he gives to the person delivering to him such painting, photograph or other piece of personal property a receipt for the same having printed thereon in clear legible type the following:

“These items are receipted pursuant to the provisions of sections thirty-one B and thirty-one F of chapter two hundred and fifty-five of the General Laws and must be claimed within one year of such receipt or such items may then be subject to sale”.

The place of business or person performing such work shall post this section in a clear and conspicuous manner so that it may be easily read by the public and a copy thereof shall be made available upon request to any person delivering a painting, photograph or other piece of personal property. The lien described in this section shall include the value or agreed price, if any, of all materials furnished by the lienor in connection with such work, whether added to such article or otherwise. If any such account remains unpaid for one year after the completion of the work, the lienor may give thirty days’ notice in writing to the owner specifying the amount due and informing him that failure to make payment of such amount within said thirty days shall entitle the lienor to sell the article covered by such lien, at public or bona fide private sale to satisfy the account. Such notice may be served by mail, directed to the owner’s last known address or, if the owner or his address be unknown, it may be posted in two public places in the town where any such property is located. The proceeds of the sale, after paying the expenses thereof, shall be applied in satisfaction of the indebtedness secured by such lien. The balance of the proceeds, if any, shall be paid over to the owner. The remedy herein provided to enforce such lien shall be in addition to any other provided by law.

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Last modified: September 11, 2015