(A) To enforce a moldbuilder's lien attached pursuant to section 1333.33 of the Revised Code, the moldbuilder shall give written notice to the customer and molder stating that
a lien is claimed; the amount that the moldbuilder claims is owed for fabrication,
repair, or modification of the mold; and a demand for payment. The written notice described in this division shall be given by hand delivery or
certified mail, return receipt requested, to the last known address of the customer
and to the last known address of the molder.
(B) If the moldbuilder has not been paid the amount claimed in the notice described
in division (A) of this section within ninety days after that notice is received by
the customer and by the molder, the moldbuilder has a right to possession of the mold
and may do the following:
(1) Enforce the right to possession of the mold by judgment, foreclosure, or any available
(2) Commence a civil action described in division (D) of this section in a court of
common pleas to enforce the lien, including by obtaining a judgment for the amounts
owed that are described in division (A) of this section and a judgment permitting
the mold to be sold at an execution sale;
(3) One or more of the following:
(a) Take possession of the mold, if possession without judicial process can be done
without breach of the peace;
(b) Sell the mold in a public auction.
(C) A sale pursuant to this section shall not be made or possession shall not be obtained
pursuant to division (B) of this section, if it violates a right of the customer or
molder under federal patent, bankruptcy, or copyright laws.
(E) In any action by a moldbuilder to enforce a perfected lien described in section 1333.33 of the Revised Code, the court shall award the moldbuilder that is the prevailing party reasonable attorney
fees, court costs, and expenses related to enforcement of the lien.
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