Good afternoon, Can we lien a vehicle that WAS paying for storage.
Owner is a leasing company out of NV. Semi tractor was a stolen recovery. Storage started June 2019. no payment since Feb. 2020.
1 reply
Apr 28, 2020
There are remedies that may be available to place a lien on this vehicle, but it requires filing a civil lawsuit. The most straightforward way to get a lien is to get a judgment and then, with right filing, the judgment becomes a lien on personal property like the semi tractor. You should be aware that there may already be a lien on the semi tractor if the leasing company financed its purchaser of the semi tractor. In that case, the financer probably filed what is called a "UCC-1" to perfect its purchase money lien, which would be a senior lien to any you might put on it. In other words, a preexisting lien is going to trump your lien.
In short, you may have a case, but you would need to consult a good collections attorney to understand your options.