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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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An art dealer sold a piece of mine, and for many months, through

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An art dealer sold a piece of mine, and for many months, through many promises of payment, hasn't paid me. He did give me a painting several months into not paying me, as collateral for the debt that may be worth the amount of the debt. I'd like to put an attachment on it, and then give it to an auction house for sale.

How do I attach. Whose forms. Zoom? I was a member of the bar from 1959---2005 or so, when I "retired", but never actually practiced. I was in business.
Thank you for your question. I look forward to working with you to provide you th information you are seeking.

If he has given you a painting as collateral, you have a right to sell that painting to recover what you are due. The problem is there is no real way to put any lien or attachment on the painting other than by written contract with whatever auction house you use to sell the painting or by suing the art dealer and getting a judgment and getting a court order seizing the painting. Your possession of the collateral is your actual lien on the painting, as that is a common law possessory lien.

Thus, you have the right to sell the collateral and you would need a contract with the auction house that states you are due the payment on the proceeds from the auction.



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Customer: replied 3 years ago.

Seems very straight forward. As I understand it, I merely give the painting to the auction house under a letter to the effect that they'll put it in their appropriate auction, and if it sells at the agreed upon price, pay me the proceeds, (less their fees/charges)

Thank you for your patronage, there are no "forms" used to attach, because you have possession. It is not like attaching a house or a car where there is a deed or title and you can file a lien with the recorder of land records or motor vehicles against the title. Art work is not registered so there is nowhere to file any type of lien.

Thus it is very simple, you enter a contract with the auction company that they sell the painting and pay you proceeds minus their fees. They generally have those contracts already as part of your deal to place a piece with them for sale.