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ben74bdwj
May 11, 2012, 10:32 PM
Can I file a lien on a business for work I perfomed and didn't get paid This was a verbal agreement however the performed worked can be proven

ben74bdwj
May 11, 2012, 10:33 PM
Can I file a lien on a business for work I perfomed and didn't get paid This was a verbal agreement however the performed worked can be proven

AK lawyer
May 12, 2012, 04:56 AM
What do you imagine such a lien, if there was any way to file one, would do to get you paid?

A lien is not a poor-man's lawsuit. Instead, it is a mechanism to insure that specific property will not be sold until the holder of the lien gets paid.

Unless this business is to be sold before you can file suit, such a lien would not help you. And, although you have failed to indicate which state or country you are in, I know of no state in which one can file an involuntary lien upon "a business" for work performed.

File suit or contact the department of labor in your location.

ben74bdwj
May 12, 2012, 05:35 AM
Ok The work performed was to purchase a said vehicle (semi truck), now I know that the work I have done was enough to pay the truck off. However this business/person reposesed the truck... it is in Idaho... Ive paid over 58,000$ to date on this and it should already be mine however this guy has a bad habit of not finishing what he starts. I am just looking for a way not to lose my truck or the money Ive already invested into this

ScottGem
May 12, 2012, 06:23 AM
How does purchasing a truck qualify as work performed? Were you acting as his agent to purchase the truck?

You need to explain this differently as it doesn't make sense. It looks to me like you purchased the truck from him, maybe as a barter arrangement where you did hauling in return for ownership of the truck.

If that's the case you assemble your logs and evidence of how much you have have contributed towards the purchase and file suit for ownership of the truck.

ben74bdwj
May 12, 2012, 06:28 AM
Yes I was acting as an agent and it was an agreement of hauling loads to pay for the truck... they have my logs and every trip I haulded for them Yes Thank you.

Fr_Chuck
May 12, 2012, 06:39 AM
Where you failed is there has to be a exact percent to be paid per load for the truck, After how many 100,000's of thousands of dollars of loads was the truck to be paid for.

While it can be done on a verbal, you will need to show how much work was needed to be done. Not that you "KNOW" it was enough, no you don't unless you have an exact dollar figure.

Also whose name was the truck in, if the truck was in your name, and he repo'ed it, he had a lien on the truck.

But at this point, you hire an attorney ( since this is more money than small claims allows) and sue him for the value of the truck, in court you present proof of the agreement to buy the truck, and present evidence of all the work and runs you made.

I will assume you did about 5 or 7 years of work for him, since that is about the average time it takes a truck to be paid off during runs. Remember all of the profit of the run is not going to pay off the truck, it is just a very small percent,

ben74bdwj
May 12, 2012, 06:49 AM
No I have exact dollar figures and the loads I hauled for him was to be 100% of the load was supposed to pay the truck off now blue book value of this truck is much less than he was asking however this used to be my truck in the beginning I gave it to him a year ago... now he is jerking me around thanks for your help

Fr_Chuck
May 12, 2012, 08:34 AM
Why did you sign the truck over to him, if you used to own it.

But all you can sue for now, is the value of the truck NOW, since if you had the truck that would be all you would have now.

Do you have written proof that 100 percent of the money from the load was to be applied to truck value ? I only say this, since that is not a normal and usual business practice in the programs where a company will have you or finance you a truck for a percent of the loan.

When you get into court, normal business practice is often considered. But your only optoin now is to sue

ScottGem
May 12, 2012, 08:48 AM
I agree you only option is to sue. But this situation makes no sense.You are claiming you sold the truck to him a year ago. Then you were working for him using the truck to haul loads to buy back the truck. Who arranged these loads?

It does not sound like you were an agent for him. It sounds like you worked as an independent contractor and you were working to repurchase the truck. Actually. It sounds more like he loaned you money on the truck and you were working to pay off the loan.

So you need an attorney to sort this out. To determine exactly what your arrangement was or what you can prove it was. And whether you can prove you upheld your end. But frankly, without a documented agreement of how much you had to haul over what period to regain the truck, I'm not sure you can win.