Re: Repo of property

Posted by Benny 2 on December 30, 2005 at 01:02:04 from (207.170.236.23):

In Reply to: Repo of property posted by Biggest John on December 29, 2005 at 21:04:43:

Everything depends what state the job is and where everything is at.
But in MOST states a mechanic on any kind of job has a lein implied on any project produced at the time of end of job. But here lies your problem you realeased the job to the guy. Once released you CANNOT repo the items I asume it is tractor related, you cannot take back the tractor if the parts are inside or you cannot take the parts off the tractor legally. You could be charged with felony theft. Now if you did not make a contract for repayment this also would fall under a straight revolving credit account.
To win in cort you will have to dun him then in 30 days send a overdue demand certified mail. The only legal way to get paid will be to sue in small claims court. You will have to file in the county of the defendents resedence. If you win usualy the court will order payment in full in 21 days (depends on state). If he still wont pay you can garnish his wages or attach his bank account or file a lein on his house.
But be aware if he is receiving an income from the military, SS, or on disability or receives a RailRoad pension you will not be able to attach any moneys he has. So the realestate attachment with a court order is the way to go. It may take a LOOOONG time. So what I would do if file the suit then try to get it to be settled by arbritration IE Judge Judy. Apply to her after you file. Hey that your best shot. Good luck. I been down the road, they just didnt have J Judy when I needed it. Good Luck.
PS Keep the attys out of it unless it is a lot of money!
Benny

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