Mechanics Lein?

[Procareope]

This one may go either way once into court. His proclaimed value isn't going to hold up, but he may get you for a couple hundred dollars. Posted signs are great, but thunderthud said it best. We have all residential or new customers sign a copy of the work order, under which they are consenting to a set of terms. They are also provided a copy for their records. "Not responsible for loss due to theft, fire etc , storage fees will be assessed after X number of days, after X number of days without claim, the equipment becomes the property of X" "After a certain time period goes by (generally stick to 90 days), the unit will be sold to cover repair and storage cost"
Charging a storage fee allows you to recover some of the cost associated with chasing your money, and having a machine tie up precious storage space. It also encourages people to get in to pick up the machine. This fee is rarely charged, however is necessary if you wish to recover anything more than just the repair charges. Before ANYTHING is sold, a good faith effort is made to contact the customer one final time. We do this with a certified letter to the address provided when the customer brought in the machine. This letter states that if the machine isn't picked up and paid for in X number of days, the machine will be sold. This gives you a documented trail. You have there signature twice, once on the work order, and once on the certified letter.

Under most mechanic lean situations, if you have a $8,000 dollar mower in the shop getting tires put on, and the owner never shows to pick it up, you can't just sell it after you go through the process listed above and sit back and count your profit. After the cost of repairs, parts and storage are covered, the remaining profit has to be returned to the customer, presenting a whole other rat race.

Hope this helps somewhat. It really is a crappy situation for all parties involved, but inevitably continues to happen. You usually see this happen with cheap equipment, but I've seen some expensive pieces of equipment sit for months without any sign of anyone caring to pick it up.

[herler]

I find the coincidental timing of the two events just a bit hard to swallow, unfortunately it isn't legally binding and you may still carry the burden...

Way I figure it is the owner of the mowers knew things were way overdue and sent a friend over...
Who inquired about the machines, and bought them for $150.
And the very next day, the owner comes in.
Guess what, free lawn mowers!

Unfortunately if you're asking us after the fact you're likely in trouble, the customer has to be informed BEFORE leaving the mowers about the 30 day thing and a simple sign on the wall is not always enough, you should have had ample documentation before the mowers were ever released, you should have had forms signed and dated and maybe even notarised. The problem is the mowers still legally belong to the customer who left them there, I realize you're not a permanent equipment storage unit but we have to go the extra mile to make sure customer and machine are re-united properly, customers don't always understand 30 days when their mortgage payment is due first.
But at the least you should have gotten the buyer's full name and address and phone number, so you could try and call to see...

What's even more unfortunate is I think there are two guys who might have seen the opportunity to take advantage of a situation, too.
But you might still be held liable so I would see if you can't get the man two mowers for $150 + $150 some kind of way.
Still charge the customer his $150 plus the $150 you sold the mowers for gives you $300 to bargain with...
Granted you'll just break even at $0 and you're still out the labor and parts but at least nobody's getting a free ride.

[J&A Lawn Care]

Originally Posted by WREBELMACHINE

I have a question. I have what I thought was a friend that I loaned a ztr to. We then agreed verbally for him to buy it at a payment plan of x dollars a month. I have not received any money and he claims to have had to fix the machine and he has now put a mechanics lein on it. Is this even possible when it is my mower and I have not recieved any money towards it.

My guess would be that if he has no work order signed stating you ok'd the work to be done he has no leg to stand on here