Can I put a lien on a camper that I am oweed storage for?
Full Question:
Answer:
If you are considered a warehouser, which is someone in the business of providing storage for a fee, you may be entitled to a warehouseman's lien. A mechanics lien applies when someone performs work to build, improve, or repair property. You may be able to pursue a breach of contract action and claim storage costs as incidental damages. I suggest contacting the local police department regarding procedures for selling abandoned property, as local ordinances vary by area.
A lien is a claim to property for the payment of a debt, typically one connected to the property. It is the right to retain the lawful possession of the property of another until the owner fulfills a legal duty to the person holding the property, such as the payment of lawful charges for work done on the property. The right of lien generally arises by operation of law, but in some cases it is created by express contract. There are two kinds of liens; particular and general. When a person claims a right to retain property, due to money or labor invested in that property, it is a particular lien. Liens may arise by express contract; from implied contract, as from general or particular usage of trade; or by legal relation between the parties, such as created with common carriers and inn keepers. In certain circumstances, the lien holder may foreclose on the property if the debt is not paid in full.
To create a valid lien, it is essential that the party claiming a lien should have the absolute property or ownership of the thing or, at least, a right to vest it; that the party claiming the lien should have an actual or constructive, possession, with the assent of the party against whom the claim is made; that the lien should arise upon an agreement, express or implied and not be for a limited or specific purpose that contradicts the express terms or the clear, intent of the contract. In certain circumstances, the lien holder may foreclose on the property if the debt is not paid in full. Liens can generally be removed by the payment of the amount owed. This payment can occur at any time up to and including the stage at which the closing documents for the sale of the property are signed.
There are several types of liens, all of which could cloud the title and prevent the seller from conveying marketable title to the buyer. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.
The following are OH statutes:
1307.14 Lien of warehouser - UCC 7-209.
(A) A warehouser has a lien against the bailor on the goods covered by a warehouse receipt or on the proceeds thereof in the warehouser’s possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or charges present or future in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for like charges or expenses in relation to other goods whenever deposited and it is stated in the receipt that a lien is claimed for charges and expenses in relation to other goods, the warehouser also has a lien against the person for such charges and expenses whether or not the other goods have been delivered by the warehouser. But against a person to whom a negotiable warehouse receipt is duly negotiated a warehouser’s lien is limited to charges in an amount or at a rate specified on the receipt or if no charges are so specified then to a reasonable charge for storage of the goods covered by the receipt subsequent to the date of the receipt.
(B) The warehouser may also reserve a security interest against the bailor for a maximum amount specified on the receipt for charges other than those specified in division (A) of this section, such as for money advanced and interest. Such a security interest is governed by Chapter 1309. of the Revised Code.
(C) A warehouser’s lien for charges and expenses under division (A) of this section, or a security interest under division (B) of this section is also effective against any person who so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good faith purchaser for value would have been valid but is not effective against a person as to whom the document confers no right in the goods covered by it under section 1307.31 of the Revised Code.
(D) A warehouser loses the warehouser’s lien on any goods which the warehouser voluntarily delivers or which the warehouser unjustifiably refuses to deliver.