Ulysses, KS asked in Business Law for Kansas

Q: I own a welding shop in KS. Made repairs to a horse trailer, wasn't paid. How can I sell the trailer to pay for the bill

I have possession of the trailer. Owner paid part of the bill but has not made any contact for over 9 months. The Horse trailer is registered in Oklahoma but owner lives in Kansas. Was told can't do Mechanic Lien since I an a welding shop, not a mechanic. I don't know if a Quiet Title fits what I need.

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Lawrence, KS
  • Licensed in Kansas

A: Kansas staute 58-201 reads as follows: Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods, personal property, chattels, horses, mules, wagons, buggies, automobiles, trucks, trailers, locomotives, railroad rolling stock, barges, aircraft, equipment of all kinds, including but not limited to construction equipment, vehicles of all kinds, and farm implements of whatsoever kind, a first and prior lien on such personal property is hereby created in favor of such person performing such work, making such repairs or improvements or replacing, adding or installing such equipment and such lien shall amount to the full amount and reasonable value of the services performed and shall include the reasonable value of all material used in the performance of such services and the reasonable value of all equipment replaced, added or installed.

That statute might be your starting point. While the item is in the possesion of the workman or workwoman, he or she may retian the property while the bill (if owing) is unpaid. There is a time limit for foreclosure of a lien. You should seek advice of an attorney to assist you in asserting the lien claim and filing any foreclosure.

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