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Thank you for your question. Please permit me to assist you with your concerns.My apologies but you generally cannot take ownership so quickly. What you need to do is first contact the owner by mail and state that if he refuses to pay, you will seek to place a lien against the equipment, which you would then be able to use to sell the equipment as a means of covering the costs that he may owe you for repairs and storage fees. Then if you place a lien, you likewise when you force a sale, can bid on the item and 'buy' it for yourself once an auction is held for the item. It usually takes a few years to get ownership of an item that is abandoned, which is why pursuing a lien first can shorten the process significantly.Good luck.
Donna,I appreciate your bad service rating and I wish you well. I am not sure who told you that you can simply take someone's property after 90 days, but that is simply untrue. Should you try it, your client can file suit against you for 'conversion' (theft) and pursue you for damages. Be well.
The contact info says I can ask for another expert. I need one who knows Louisiana law.
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Thank you! I was not clear on how a lien was applicable to my situation. I was told I would have to apply for something by the Sheriff's deputy who was trying to help. I just had no idea what or where.
I do have another question, for clarification. I have already sent a certified letter stating the customer is still past due, that he has not made good on any of his promises to pay, that late fees and storage fees are now being assessed, and that no further work will be done for his company until his account is brought current. Do I need to send another certified letter informing him that he has 30 days to bring it current or a mechanics lien will placed on his equipment?
Thank you for your response.The mechanic's lien on a movable in Louisiana is a "possessory lien" meaning you already have a mechanic's lien as long as you keep the vehicle in your possession, but what you need is to perfect that lien to get title. For that, you need to give him notice he has 30 days to pay EVERYTHING in full or you will proceed to court to perfect the line (which means essentially foreclose on it and obtain a court order granting you title). Then if he does not pay in the 30 days you go to the parish district court and file a suit to foreclose on the mechanic's lien and quiet title.
Do you mind telling me your exact credentials? Name, bar number, and parish of practice. I only ask because I want to be able to tell my customer where I got the information for this. I will contact a local attorney, if needed, for any further litigation.
Thank you again!
I do understand. Thank you anyway. I do appreciate the assistance you have given.
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