QUESTION
How do you get a lien on something you have stored for years?
Asked on Jul 04th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
We have stored a girl's car for two and a half years. She was intoxicated when we agreed that she would pay us for storing the vehicle. Now she is hard up for money and wants the car out, but said she owes us nothing for storage. What can we do? How would we go about getting a lien on the car?
2 ANSWERS
To get a lien when you are a private party and not a storage yard requires your getting a judgment against her for the storage costs. You could keep the car and wait for her to sue you and the you raise a counterclaim against her, but what assets does she have besides the car. Also, if she was drunk at the time the agreement was entered into, it is questionable if it is binding as she may have been so drunk as to not have had the mental capacity to enter into a contract. It might be best just to write it off and never agree to anything with a person who does not really want to enter into a binding contract; also, never keep anything for anyone for 2.5 years.
Answered on Jul 07th, 2013 at 8:30 PM
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You keep it locked up and sue her for the storage fees. If you get a judgment, you can levy it against the car.
Answered on Jul 05th, 2013 at 10:51 AM