Legal Question in Securities Law in California

Lien Sale Law

A lien was placed on my vessel for non payment of repairs.

It took the repair shop nearly 4 mo's to complete work, and

it's been six weeks since. The shop is charging me storage fee's from the date I brought it in for repair. Is this legal?


Asked on 9/24/04, 1:21 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lien Sale Law

The "Securities" category in LawGuru has to do with things like stocks and bonds, not liens and collateral ... a different kind of security. I mention this in case you don't get many responses so you can re-ask your question under another heading, such as "Contracts" or the like.

In your dispute, I would start by reviewing the contract. What does it have to say about billable charges? Surely parts and labor, but does it mention storage, wharfage or drydock fees at all? Is the party doing the repair work also the owner or lessee of the facility, or does a third party control the space where the work was done? What does the contract say, or imply, about the time required for completion?

Depending upon the amount in question, you might initiate a lawsuit, either in small claims or in superior court.

If this is a commercial vessel, admiralty law may apply rather than regular common law.

This is the kind of dispute that should be settled out of court, and filing a suit should be looked at as a way to force the matter into mediation or arbitration. You could also propose to the other party that the matter be submitted voluntarily for mediation or binding arbitration.

You can find mediators and mediation services in the yellow pages.

Read more
Answered on 9/24/04, 1:45 pm


Related Questions & Answers

More Securities Law questions and answers in California