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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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I am a US citizen working for a Nigerian airline and have not

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I am a US citizen working for a Nigerian airline and have not been paid salaries for the last two months, what are my chances to enforce a lean on the company’s aircraft t in Miami scheduled to depart in five days in an attempt to be paid before the aircraft leave the USA

Brandon M. :

Hello there.

Customer:

hi

Brandon M. :

Hi, thank you for your question.

Brandon M. :

The short answer is that the odds would typically be very low. That said, a lien would normally be a very ineffective enforcement tool for something like what you have described. Is there a particular reason you're considering a lien?

Customer:

what are my chances to put a lean on the Aircraft before it leaves Miami in five days to be paid my last two months salary?

Brandon M. :

Normally, the chance would be close to zero. Is there a particular reason that you're considering a lien as your enforcement mechanism?

Customer:

because that is the only property the company has in the USA which will be departing in five days

Brandon M. :

Will this be their last flight servicing the United States?

Customer:

yes, the Aircraft was there for maintainance

Brandon M. :

Interesting.

Customer:

it is scheduled to depart in five days

Customer:

what are my chances?

Customer:

Are you there

Brandon M. :

Based on that description, it would seem that their plane landed in the United States for the one-time purpose of receiving maintenance on that plane. They do not do business in the United States, they do not keep their assets in the United States or service United States airports. Where there is insufficient contact to establish a presence in the United States, the foreign corporation would ordinarily not be considered to have purposefully availed itself to the courts and suit could not be brought against them. To get a lien based on non-payment of wages, there would generally have to first be a civil lawsuit with a favorable outcome where the defendant is given a chance to receive notice and to be heard, and that is not something that can typically occur inside of 5 days anyway. So I should clarify that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. But that said, I have to be straightforward and tell you that where you're seeking to get a lien on an aircraft for non-payment of wages that belongs to a corporation that operates outside the United States and basically has no assets or business in the United States, the odds of getting that lien are normally zero. To get it in 5 days or less makes it even more unlikely. Again, being completely straightforward, the employee would normally need to sue the airline in it's home country.

Brandon M. :

Does that make sense?

Customer:

Just for your information the repair facility AAR in Miami already once placed a lien on the Aircraft for none payment for work done, would that make any difference, I believe my case should be similar, however that has since been cleared and the Aircraft released by AAR.

Brandon M. :

Without knowing the history of that matter, it's difficult to say. There's something called a mechanic's lien which allows someone who improves a property to put a lien on the property, so it's really it's own unique situation. You typically see mechanic's liens used by people who improve a home or (naturally) people automobile mechanics. But that would be considered an exception to the general rule. For most situations, a lien can only be used to enforce a debt after there has been a court judgment.

Customer:

OK, thank you for your candid response, I guess I would have to take action against the company in Nigeria before I leave for the USA.

Brandon M. :

Certainly, and I do appreciate your understanding. It gives me no pleasure to give bad news, but I have to give accurate information if it is to be of any use.

Brandon M. :

Did you have any other question?

Customer:

Once again Thank you.

Brandon M. :

It was my pleasure, and if you are so inclined, please feel free to leave a positive rating once you are completely finished. Thanks, XXXXX XXXXX wish you the best.

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