As an editor, what lien paperwork do I file on a book project if I am not paid?

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As an editor, what lien paperwork do I file on a book project if I am not paid?

I am an editor. I have been doing substantial developmental editing for a book project for 8 months bringing the book from an idea to near completion. They have been very pleased with my work as evidenced in e-mails. Just over a week after I submitted a nearly complete manuscript they presented me with a termination agreement, told me they were going to take my name off of the work and finish it themselves. They offered me an inadequate amount of compensation which I have not accepted. What lien paperwork do I file and in what county? Is there anything I need to do to be treated fairly in this matter?

Asked on September 26, 2011 under Business Law, Montana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you are entitled to a lien for work that you have done on the book project to date depends upon what the written contract you have with the group you are working with. If you have a written contract, read it carefully for any and all provisions to allow you a lien for unpaid services.

If the agreement has no lien provision, possibly your state may have a statute allowing a pre-judgment lien in a commercial context for goods and services provided somtimes called a pre-judgment lien.

You should consider consulting with a business attorney concerning any lien rights you may have and the possibility of bringing a legal action for money owed you.


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