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Is a mechanics lien the right thing to file when a customer fails to claim upholstery work

CaliforniaMechanics Lien

I restore antique textiles. A customer commissioned to restore an antique textile. The customer blocks my calls and doesn't respond too my emails. The customer owes me $780. Can I file a mechanics lien in order to take possession of the textile and sale it at auction? Please let me know what legal action I need to take if a mechanics lien isn't the right thing.

1 reply

Dec 18, 2019

Generally, mechanics liens are only appropriate when the work in question is for the permanent improvement of real estate. There are some nuances with respect to what work applies for protection (like design professionals or construction managers in CA), but repair of moveable furniture is not likely something that would be protected by mechanics lien rights. That's not to say that some kind of lien may not be available and appropriate. Many states allow for "possessory liens" for repair work done on moveable / personal property. In the event that a party does not have possession of the property in question, however, other options may be more worthwhile than attempting to claim a lien since the cost of filing could cut significantly into a $780 debt. Small claims court may be a better option, and California provides pretty good self-help instructions for claimants in small claims court actions.

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