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Can I place a lien on a kiosk that was picked from my facility and delivered to mall in California? The client put a stop payment on the check

New YorkRecovery Options

We fabricated (2) Kiosks for a client, he paid the balance of $26,820.00 When his transport company picked up the units. The following day they put stop payment on the check. What is my recourse in this matter?

1 reply

Oct 11, 2018
I'm sorry to hear about that. Mechanics liens secure payment for construction work performed and unpaid - but mechanics liens secure payment by encumbering real property (meaning: real estate). When work performed results in movable property - such as a kiosk that is moved off site - a mechanics lien might not be the most appropriate remedy. However, regardless of whether filing a lien is an option, sending a Notice of Intent to Lien could be effective. Basically, this document acts like a warning shot and informs recipients that, if payment isn't made and made soon, a lien will be filed. Considering a mechanics lien is such a drastic remedy, owners typically cannot afford to call a sender's bluff. You can learn more about that document here: What is a Notice of Intent to Lien? Of course, just because a lien might not be an option doesn't mean other options for recovery won't be available. For one, a demand letter is often effective to compel payment. Sending a letter that threatens specific legal action if payment isn't made can be very effective, especially when sent through an attorney. Alternatively, you could assess whether a lien on the kiosk would be an option - though this would not be done via the mechanics lien process and may require a judgment in order to place a lien. Finally, if all else fails, you could also send this claim to collections or file a lawsuit over the dispute.
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