Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

An art dealer sold a piece of mine, and for many months, through

many promises of payment, hasn't...
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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 9 minutes by:
9/1/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,032
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,032
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 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.
Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 121,032
121,032 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

121,032 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to file a motion to stay for a Writ of Possession in
I need to file a motion to stay for a Writ of Possession in TN. Is there a fillable form available that you know of? … read more
Lori
Lori
Juris Doctor
268 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My civil rights were restored, but not the right to possess
My civil rights were restored, but not the right to possess a firearm after a release from prison in 1984. I now own two real estate firms and often carry large sums of funds to escrow and banks. I am… read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
A friend paid for a car that is titled in my name. After the
A friend paid for a car that is titled in my name. After the transaction, he asked me to sign a document that gave him the right to take the car back for any reason. is this document legal and hold pr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Title 38 establishes that benefit process is to be
Title 38 establishes that benefit process is to be pro-claimant, a long with duty to assist. In short it has been 6 long years bull shit for me. It has been unreasonable delays along with obvious reta… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
Someone bought and paid for and titled a new auto for $31k
someone bought and paid for and titled a new auto for $31k in my name with nothing signed regarding paying them back and now wants payments am i liable to have to pay them back? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,294 satisfied customers
I was convicted of a felony: possession of child pornography
I was convicted of a felony: possession of child pornography over a year ago in camp foster Okinawa, Japan. Does this show up on a civilian background check? Will it affect my ability to get a job? … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
Is there a title company in Chicago by the name of
Is there a title company in Chicago by the name of Independence Federal … read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
Can a buyer who completed pof a home with possession but
Can a buyer who completed pof a home with possession but pending conveyance ofvtitle … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My friend was convicted for possession with intent to
My friend was convicted for possession with intent to distribute. He was pulled over within feet of a known crack house. The drugs he was charged with was found on the ground. The original arresting o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,032 satisfied customers
Need definition of realestate term: adverse possession.
need definition of realestate term: adverse possession … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Is a demand for possession and eviction notice?? Missouri,
No nothing has been filed. Was received on 14th of last month to be out by October 2nd taped on the door. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
What is title insurance. I got property through title
I got property through title insurance and lost my inhearance … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x