Towing Issues: They owe the money, I have his cars, proper legal advice, law inforcement


Question
I am a licenced transport broker I work for all kinds of dealers and transporters.  I haved a dealer that owes me for delivery of 20 units to different auctions (3 different transporters hauled them) he's owed it for over 6 months after many phone calls and no help from any auction that they do business with I get a call out of the blue telling me a dealer needs 2 picked up and delivered to their lot when then truck arrives @ the auction low and behold it's my dealer with the outstanding debit.  I now have his two cars in storage and am demanding payment for all.  Question...  can I put a lien on these 2 units for entire amount owed plus the tow of these 2 units?  All law inforcement has told us it's civil.  They won't get involved and agree his owes for service. (Florida)

Answer
I'm not a Florida attorney and could not give proper legal advice. With that out of the way and I understand correctly, you are owed for services rendered and haven't received ANY payments from the responsible party. The contract is between you and the dealer, right? Is the dealer disputing your charges? If any of this sounds correct go to court. It is a civil matter which the police and auction can not help. Also it sounds as you are holding two vehicles as collateral. I am assuming the company that called your service for the two vehicles is the responsible paying party? If so you might be in default with this company and holding property that is not yours. They could have a case against you. You are the middleman in this situation and would have a different outcome if the dealer called you directly and didn't pay once delivering the vehicles COD. The only way (in my opinion, check with an attorney) you could have possible control over these vehicles is if the terms were COD and they didn't pay for your service. This gives you the right for holding the vehicles for nonpayment. If this were the case you could only charge for the two vehicles and not the whole outstanding debt. I understand your frustration but don't do anything in a desperate attempt! In my opinion you are taking a serious gamble holding those vehicles. As for the other vehicles that have already been delivered go to court. The court magistrate can help complete the proper paperwork. You will need as much information about the person/dealer owing you money and the total amount to date. I am sure late fees, interest and attorney fees are occurring which should be included. I hope you have signed bills of laden/transport invoices or any other proof that you are owed money. The magistrate may ask about your terms and conditions on receiving payments, which I am sure is stated in your shipping contract. You will have to show proof to the judge that you are owed for services rendered and haven't received ANY payments. Lip service (Hear say in the court room) doesn't work it has to be in black and white. Another option is a collection company for your past dues but I have never had much luck or received anything near the amount owed. Also you might want/need to contact micheal mcgovern at http://michael-mcgovern.tow411.yuku.com/ as he helps many towers in these situations. Best of luck and if there is anything else I can help with feel free to ask.