Legal Question in Business Law in Massachusetts

Powersports abandonment

I own a powersports repair shop. I have a customer that has abandoned a snowmobile for over 6 months and another that abandoned a dirtbike for almost 2 years. They both have bills for repairs performed. How do I obtain the legal right to sell these units to cover their bills?


Asked on 1/21/09, 7:05 pm

2 Answers from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Powersports abandonment

The procedure for enforcing a lien for money due on account of work and labor expended on personal property under a contract express or implied is governed by Massachusetts General Laws Chapter 255, Section 26. It essentially allows the creditor/ repair shop to bring an action to sell the property after making demand upon the debtor/owner of property.

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Answered on 1/25/09, 1:07 pm

Re: Powersports abandonment

File a claim in small claims court for the bills and seek attachment of the equipment. I assume the amounts involved are less than $2,000.00.

You should also have a bond and bailment clause in your work-orders so if a customer leaves his equipment over a period of time, you can charge for storage and if left for more than a certain period of time you can sell or otherwise dispose of the equipment.

Good Luck.

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Answered on 1/22/09, 11:28 am


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