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Can I file a voluntary lien as a part of an agreement to ensure that a debt is collected?

California

Anonymous Contractor

I have a large amount of (TI) equipment that I'm leaving in a building (I'm the current tenant) and landlord will be paying for this TI over a period of years. Can I file a voluntary lien (UCC?) against the equipment, property owner (LLC) or use some avenue to ensure that I can repossess the equipment if the agreement goes unpaid, into default?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Jul 17, 2019

That's an interesting question. However, I'm afraid that voluntary and UCC liens are a bit outside of my area of expertise. Here at the Ask an Expert Center, we cover topics related to construction law and construction payment - including the ability to file mechanics liens (a type of involuntary lien) to recover payment for construction work.

There are some other online resources that might be more useful here - like Avvo.com or JustAnswer.com. Those sites connect individuals with lawyers from all different practice areas, beyond construction, to answer questions like the one you posted above.

With all of that in mind, it's worth noting that the freedom to contract is given a lot of weight, and two parties can typically contract in a way to perform whatever kind of agreement they have in mind. Though, the help of an attorney would probably be helpful to be sure that the agreement acts as expected.

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