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Loren, Attorney
Category: Legal
Satisfied Customers: 28512
Experience:  30 years experience representing clients.
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Can I put a lien on a truck that is used in a business if I

Customer Question

Can I put a lien on a truck that is used in a business if I bought the truck? I spent all the money and asked someone to partner with me. I paid for all repairs that was needed. We have only been in business for a month. Since that time he has taken all draws from the company. Since that time there has not been enough money made because of his taking the money. Can I put a lien on the truck for the amount I have paid and bought the truck for?
Submitted: 2 months ago.
Category: Legal
Expert:  Loren replied 2 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, without a security agreement it is not possible to place a lien on personal property. You would either need to sue the owner and get a judgement or have their consent to place the lien on the vehicle

Of course, if the truck is titled to you solely and personally, you can do whatever you want with it, including taking it back and no longer allowing the business to use it.

Otherwise, you will need to sue.

Expert:  Loren replied 2 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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