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Can I file a lien on storage fees?

Oregon

we are a manufacturer in OR and ship materials to customers all over the US on mutually agreed upon dates. Sometimes customers ask us to postpone shipping and store the materials for a period of time which we do for a fee (customer is made aware). If the customer subsequently pays for the materials but won't pay the agreed upon storage fees, can we file a lien on just the storage fees?

3 replies

Mar 17, 2023
Probably not. Maybe try collections. 
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Apr 5, 2023

Please have an attorney respond to this question. OR allows liens to be filed on storage fees in Oregon. If we stored the materials for a time in OR, then shipped them to NY, and the customer in NY paid for the material but is refusing to pay the storage fees, can we file a lien in NY for those fees?

As an fyi, the customer advised they knew there was a fee for the storage and asked us to add it to their final invoice, so there is an established written contract.

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Apr 5, 2023
Thank you for providing more details. Generally speaking, if a mechanics lien is to be filed against a jobsite in NY, then the mechanics lien laws of NY govern. This is because the lien attaches to the property/jobsite itself. If you would like to speak to a New York attorney promptly about this issue, it may be more prudent and efficient to call one at their office. Here is Levelset's directory of NY attorneys: https://www.levelset.com/payment-help/experts/construction-lawyer/new-york/. If for any reason it turns out that you do not have lien rights in this situation, there could be other options availible to you through an attorney or collection agency.
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