What to do if our business fixed a trailer for a customer and he still owes us a lot of money to pay it off?

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What to do if our business fixed a trailer for a customer and he still owes us a lot of money to pay it off?

The work was done a couple of years ago and we have his trailer sitting on our business property. Are we able to sell his trailer to pay off his debt? If so, does the amount above the amount he owes go back to him or are we able to keep it due to finance charges acrued?

Asked on July 3, 2013 under Business Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country you have a mechanic's lien on the trailer for services rendered and not paid for. You are required to place the trailer up for auction per code to be paid. You are entitled to the amount of your services, accrued finance charges and storage charges. Any amount paid above such goes to the owner. You have a credit bid for what you are owed if you auction off the unit assuming you wish to bid on it.


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