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  #21  
Old 05/06/06, 08:05 AM
Gary in ohio's Avatar
 
Join Date: May 2002
Posts: 3,773
You can put a machanics lean on just about anything if you want. typically its done on larger jobs, but its not uncommon for repair shops to sell of items left at the store to cover the repair cost. This is however unique in that moneys have been paid.

I think to keep things legal, put a put a"legal" notice in the paper requesting parties contact you. If no one contacts you, your off the hook.
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  #22  
Old 05/06/06, 08:32 AM
Jennifer L.'s Avatar  
Join Date: May 2002
Location: New York bordering Ontario
Posts: 4,785
If you stumbled over the motor in the back room, then it was never put in the tractor, but yet the man paid for it. This isn't quite like the man didn't pay a bill, he just never came back with the block that the tractor needed. Seems like kind of a gray area to me. If the man had never paid for the motor, that would be one thing, but since he did, he was certainly dealing in good faith. I think I'd tow it out to a hedgerow and let it sit. Less fuss that way.

Jennifer
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  #23  
Old 05/06/06, 09:47 AM
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Join Date: Jul 2005
Location: Near Walhalla Michigan
Posts: 1,076
I believe the origin of the term "mechanic's lien" came from the fact that vehicle mechanics needed a legal method to enforce payment for work rendered. Therefore, it is my understanding that a mechanic's lien is an option regarding the tractor in this situation. Also..as others have pointed out..so is the recouping of the value for 'storing' the tractor for so long.

Furthermore..it doesn't matter what people merely 'think' about the issue..what matters is the legality of the matter. If it sounds like a bunch of BS to some people..that doesn't make it any less serious in a legal sense.
A business owner likely has a lawyer..and hopefully the business owner who has possession of this tractor will talk to that lawyer.
That would be the sensible thing to do.
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  #24  
Old 05/06/06, 10:33 AM
 
Join Date: Jan 2004
Location: MN
Posts: 7,609
Possesion is 9/10th ownership. A simple visit to the courthouse/ sherriff's office with a pleasant attitude should get you on the right track to legally document that you tried to contact former owner of abandoned property & now it is yours to dispose of. That will take care of the other 1/10 which gets you off any legal hooks down the road. This course of action will handle all the options - can't send a registered letter if you only have a phone number? Phone disconnected now? how long do I have to wait before it's considered abandoned? etc. Every state will have a little different details, but it should be pretty painless. Might have to wait an additional 30 days, or 90 days, or.... But it will be on solid grounds.

--->Paul
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  #25  
Old 05/06/06, 10:44 AM
Red Devil TN's Avatar  
Join Date: Feb 2006
Location: TN
Posts: 266
Quote:
Originally Posted by Qwispea
I believe the origin of the term "mechanic's lien" came from the fact that vehicle mechanics needed a legal method to enforce payment for work rendered. ...
The term likely predates our country. A mechanic then was a skilled worker that worked on your real property.

There ia a difference in a mechanic having a lien, thus it is the mechanic's lien (possesary sense) and an actual 'mechanic's lien'. As I stated earlier, the difference is legal, not something lay people typically use/get/will need.
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  #26  
Old 05/06/06, 11:13 AM
comfortablynumb's Avatar
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Join Date: Nov 2003
Location: Dysfunction Junction, SW PA
Posts: 4,808
a local mower fix it shop here regularly has "used stuff sales" consisting of items people do not pick up in the time stated on the work order...
I am gonna guess there was no work order with this tractor with a pick up date and penalty stated?

anyhow... in PA, there is the abandoned property law, that says if someone puts an item in your care and you are unable to contact, or the owner does not contact you, in 7 yrs, you can claim it as "abandoned property". if I remember what I read, the same goes for real estate, if you want to buy a parcel of land and in 7 yrs no owner can be found to respond, you can claim it as abandoned property, pay any delinquent taxes and its yours.
it isnt as easy as it sounds.... ive checked. lol

the tractor depends on who agreed to what terms whenit was dropped off.

if it was "a few yrs" I doubt highly if anyone wants it, if it was anything valuable to them they would have gotten it by now.

cut it up for scrap if there is no work orders, and no contracts. If anyone come looking for it in 20 yrs act casual and deny everything.

lol
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