Legal Question in Credit and Debt Law in Pennsylvania
workman's lien
I am a mover who worked a job for a
client who had a
piano we had to load onto the truck.
In moving it, a piece (the keyboard
cover) fell onto his tile floor and
chipped. I offered to pay for its
professional restoration, which I did
quite promptly.
Quite separately, on the same job,
we worked enough hours in overtime
such that he owed my company
$500. He left his house to do some
last minute shopping before we could
complete the job, and his wife told
me not to discuss money with her.
When I told the client how much he
owed, he refused to pay, and now we
are going to small claims court to
have it settled.
In the mean time, I have his piano
piece, professionally repaired to
flawless condition. I was advised to
place a ''workman's lien'' on it,
by declaring that I would hold it until
he paid me the balance owed. After
doing some research, I found that it
is not legal to just ''declare'' a lien, I
have to file for one. However, no one
at my county courthouse or
Magistrate's office has ever heard of a
lien. What do I need to do in order to
file a lien so I can hold his piece
legally until I am paid? Thank you
1 Answer from Attorneys
Re: workman's lien
You can't simply hold another person's property until they pay an overdue bill. This isn't a lien, it's "self-help." You have to sue in order to recover for your work.