The Repair & Storage Lien Act (RSLA) gives priority to the claims of those who repair or store goods. Goods include cars, equipment and household goods but not realty or fixtures.
The RSLA provides a quick, effective and relatively cost effective procedure but requires the following of precise and technical rules.
Liens can be for the contracted price or the fair value of the repair or storage. The goods the lien can be applied against can be in the possession of the claimant or goods which have been released by the claimant. A registration procedure provides additional protection.
There are strict notice and time limit requirements which depend whether the owner, a representative of the owner or some one else contracted for the service.
Procedures for the sale, redemption or retention of goods are precise and where there is a dispute over the rights of the parties, amount or value of the lien the parties may proceed to litigation.
Those in the business of repair or storage should have effective contracts and systems to protect their interests. Lenders or those with a security interest in the goods need to be diligent and promptly respond to any RSLA lien claim. You should not proceed without legal advice.
Wolfson Law Professional Corporation.