Legal Question in Business Law in California

Payment of reconditioned optical equipment.

I reconditioned medical equipment after a fire damage.The insured does not agree as to what I charged. I provided a written estimate and and provided a statement that it did not cover parts, materials, etc. I have been asked to deliver the equipment and the bill has not been settled. What rights and precautions should I take to insure payment? I do not feel that I will be paid without going to court if I release this equipment to him. He owes me approximately $3,323.68 and the value of the equipment is approximately $20,000.00. I have asked for payment at time of delivery and know that the insurance company has already paid the insured the balance. I have signed documents authorizing me to recondition and re-upholstery the equipment and each trip I was requested to make delivering equipment as demanded. Thank you for any immediate help.


Asked on 3/27/00, 5:53 pm

1 Answer from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Payment of reconditioned optical equipment.

You need to consult with an attorney. There are

various laws governing whether you have a right to

withhold possession of the items you have repaired

pending payment. They can be complex, and there are

various procedures you must follow to perfect those

lien rights. If you don't do it right, you could be

subjecting yourself to liability for stealing the

machines.

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Answered on 3/30/00, 12:38 pm


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