Legal Question in Business Law in Florida
I work for a boat repair shop in Florida and we have a boat that the customer asked for the work to be done on the boat, but after we presented him with a bill, he refuses to pay, told us we could just keep the boat. Our problems is how do we do this legally and how can we get a title to sell it to get some of our money back? Some one suggest a mechanic's lien, but how do you do that?
4 Answers from Attorneys
Did you ask the boat owner to sign the title over to you? If the boat owner doesn't truly own the boat (it has a lien on it, for example), he cannot convey that which he does not own. I suggest suing the boat owner for the amount of the repair bill. Let him deal with disposal of the boat. It looks like you are in Punta Gorda, so go to the Charlotte County Clerk of Court website for information and forms.
You need to file a mechanics lien and sell the boat at a "non-judicial sale". Even if the boat owner has other liens on the boat, yours will trump because you are in physical possession of the boat (don't release it to anyone or you lose ccertain lien rights.) I have handled mechanics liens for a number of clients and would be happy to help. Also you can recover attorneys fees from the sale. Please contact me if you would like more information.
you might ask the owner for the title. He may sjust sign it over without all of the fuss to avoid a suit.
The boat owner needs to transfer the title to you. If you can't get him to do that, then file a lien. You file the lien at your local court. If you need help, contact an attorney right away. Regards,
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