Full question:
I have a shop where I do side work. It is not a business and I don't have a business license, but I have a motorcycle that has been finished for 3 months now and the owner has no money to pay me. Is there anything I can do legally to get him to pay for the work I have done.
- Category: Liens
- Subcategory: Vehicles
- Date:
- State: Georgia
Answer:
Under Georgia law, mechanics have a special lien on vehicles for work done or materials provided (Ga. Code § 40-3-54). This means you can retain possession of the motorcycle until you are paid. If you choose to surrender the motorcycle, you can still assert a lien by recording your claim.
If you keep the motorcycle, the owner can contest the amount owed by sending you a written demand. If you don’t start foreclosure proceedings within ten days of retaining possession, or within thirty days if you surrendered the vehicle, you may forfeit the lien.
To foreclose the lien, you must file an affidavit in court showing the facts of the lien and the amount owed. The court will notify the vehicle owner and set a hearing. If the court finds a valid debt exists, you may be granted possession of the motorcycle or allowed to sell it to satisfy the debt. However, if the court finds you acted in bad faith, you may have to pay damages to the owner.
Remember, any foreclosure actions must be initiated within one year of asserting the lien.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.