Legal Question in Business Law in Massachusetts

I own a granite company and we installed 6 granite counters in a customers rental property. That day(friday) he was suppose to have a check and he didnt. We already installed the tops and he said to call him when we were done and hed bring a check. He showed up before we called with no check. he said he would be by on monday and never showed or called.Now everyday he says hes going to be down with a check and never shows or returns calls. Can I go to the house and remove the tops untill I get paid? I think he would be down in 5 min if he knew i was taking them out.

Asked on 10/14/09, 2:17 pm

4 Answers from Attorneys

Joseph Godino Silverman & Godino

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Probably not. How are you going to get in? And even if you have a key, I wouldn't try 'self help' in this situation. You can file a mechanic's lien and bring suit. I know, it's a pain. However, that's your best option. Maybe the threat will be enough - it often is.

Answered on 10/19/09, 2:38 pm

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No, you cannot go and take them out. You can file a mechanics lien and then seek to foreclose on the lien.

You can also send him a MGL c 93A demand for payment for deceptive practice to wit promising to pay and then not presenting a check as required.

You may want the help of an attorney if you do not know how to file a mechanics lien

Answered on 10/19/09, 2:42 pm

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You cannot go in and remove them. You have the right to file a lien against the property to secure your cliam and file a lawsuit to recover the money.

Answered on 10/19/09, 4:05 pm

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