Legal Question in Credit and Debt Law in New Mexico
Collecting payment for picture framing when work not picked up
In business as a professional picture framer, a client brought in several works of fine art to be framed. I completed the work but he never came in to pick up the framed art and pay for it. I have talked to him on several occasions and each time he promises to come in and pick it up but he never does. It has now been more than a year since the work was done. I sent him a certified letter telling giving him a deadline after which I would dispose of the work as I saw fit. He called to acknowledge the letter, saying he would be in but still has not done so. I left him a telephone message offering to work out a payment plan with him but he didn't return the phone call. Now the certified letter has been returned by the post office as unaccepted. He had apparently only looked at it in his post office box but refused to pick it up and read it. At this point I would just like to sell his artwork to recover my framing costs. Is there anything else I need to do to legally do so?
1 Answer from Attorneys
Re: Collecting payment for picture framing when work not picked up
Generally, as a provider of repair or improvement, you will have a possessory lien which you can foreclose pursuant to law.
Do you have a reliable estimate of the artwork's value ( other than the framing?)
I would be happy to advise you so you don't run afoul of the law and subject yourself to a lawsuit by the current owner.
Feel free to call or e-mail.