Q: How to recover money for services rendered?
How can I go about recovering money for services rendered in an abandoned RV? It is stored currently in CA but is registered in CT. The owner is also in bankruptcy. The RV isn't worth much ~ so I'm not really interested in taking possession. Is there a other way to recover my money? I believe due to the bankruptcy, he has also removed everything from his name as far as real estate or other assets. What options do I have here?
A:
Under California law, there are a few options you can consider to recover money for services rendered on the abandoned RV:
1. Mechanic's Lien: If you performed repairs or maintenance on the RV, you might be eligible to file a mechanic's lien. This allows you to sell the RV to recover the money owed for your services. However, this process can be complicated, and you may need to consult with an attorney.
2. Small Claims Court: If the amount owed is less than $12,500 (as of 2024), you can file a claim in small claims court. This is a relatively simple and inexpensive process, and you don't need an attorney. However, even if you win a judgment, collecting the money can be difficult, especially if the owner has filed for bankruptcy.
3. Bankruptcy Claim: If the owner has filed for bankruptcy, you can file a proof of claim with the bankruptcy court. This will make you an unsecured creditor, and you may receive a portion of the money owed, depending on the type of bankruptcy and the available assets. However, unsecured creditors are often last in line to be paid.
4. Negotiation: You can try to negotiate directly with the owner to see if they are willing to pay the money owed or set up a payment plan. If the owner is in bankruptcy, you may need to negotiate with their bankruptcy attorney.
Given the complexity of the situation, with the RV being registered in another state and the owner being in bankruptcy, it may be best to consult with an attorney who specializes in debt collection or bankruptcy law. They can provide more specific guidance based on the details of your case and help you determine the most appropriate course of action.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
