Can I sue and put a lien on a tractor if the owner owes me money?

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Can I sue and put a lien on a tractor if the owner owes me money?

I’ve work for an owner operator. I completed a load and took home time.

She received the settlement and never paid me my 25 of the settlement. I can

text messages from her that she will pay me through check and it’s been a

month now. She said sent it out but I don’t think she did.

Asked on February 21, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't: you cannot simply lien another's property without first suing them, winning, getting a judgment for the money they owe you, and then going through the process to levy or execute or put a lien on the property (there are different terms and different processes to be used for collection efforts--but they all start *after* you sue and win). If there had been a pre-existing agreement giving you a security interest in the tractor or using it as collateral, that would be different, but without such an agreement, you next/first ste is to sue for the money they owe you.


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