Legal Question in Business Law in California

I have worked on a boat and car engine for a guy who now says I did nothing and doesn't want to pay my issued invoices. He left me $2,000 in deposit over 7 months and refuses to pay any more even though $974 was paid for engine overhaul, $650 in new parts ready to make the engine work and $300 on parts for his boat that he has installed and the boat floats.

I'm trying to place a lien on the boat and car parts currently occuping space in my workshop. Despite many emails over the 7 months he never provided enough money to start the restoration process on the whole car and get the engine assembled and in it. I have now had enough of dealing with this dummy and want him and his stuff out of my way and to get paid in full I may have to sell the parts. How do I legally lien these things so that can be done?

I've filled in a mechanics lien form but nobody in the Court office seems to know where to file it.


Asked on 7/31/10, 12:31 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

A mechanic's lien is not the right kind of lien. I realize that you are a mechanic, but the term "mechanic's lien" does not apply to the kind of work that a mechanic or machine shop does, at least not in California.

In California, a mechanic's lien is used by contractors and subcontractors who furnish materials or improvements to real property, in other words, land.

Do you have a Bureau of Automotive repair number? You would need to file a lien sale with the Department of Motor Vehicles. It is a multi-step process.

You can find all the information you need at http://www.dmv.ca.gov/faq/faqliensale.htm and the proper forms at http://www.dmv.ca.gov/pubs/brochures/howto/htvr8.htm

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Answered on 8/05/10, 12:55 pm


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