<HTML>In a message dated 6/29/01 2:23:24 PM Central Daylight Time, grandrestorations@yahoo.com writes: <BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">You said to be prepared to take the (organ) back. Could I rightfully do that?  It is and always was their property.  I have performed major services to it, but at no time was it my property.  I'm just not clear on how legal it would be to try to repossess something that doesn't actually belong to me.  ??? Now, if I haven't delivered it yet, that's another matter.  I believe I could legally withhold delivery for non-payment (which I will not hesitate to do in the future).  </BLOCKQUOTE> Perhaps it might not be legal to put the organ, (piano) back on the truck after it is put in the house. But I bet if you started doing that, unless the customer is a lawyer, most people would not know you're not allowed to do it, and would not want their instrument gone. Therefore, they will most likely come up with a solution. Perhaps give you a post dated check, or whatever. The point is, if you did something that will solve the problem, it's better than just walking away without the money. <BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px"> There are quite a number of technicians who I've talked to that demand 1/3 payment upon receipt of the piano (or organ), 1/3 payment during the process, and the final 1/3 either before or upon delivery. Actually, that's my normal policy at this point. </BLOCKQUOTE> I collect half up front, with the balance due upon completion. (see next paragraph). Obviously, in your situation, having the customer come your shop was not an option. <BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px"> I did wonder, though, if a customer does stiff you for payment of services rendered and the piano is in your possession, as in the case of a major rebuild, would you ever have the right to sell the piano as an effort to recover your investment?  Is that something that anyone actually puts into a contract?  </BLOCKQUOTE> Up until the debacle I mentioned, all I had on my rebuilding contract was that the balance was due upon completion. This customer's definition of "completion" and mine were obviously different. As my lawyer once told me, any contract between two people is legal. The problems come when the two people disagree on the interpretation of the language of the contract. Since then, I have very implicit terms on the back side of the rebuilding contract. If you, or anyone else is interested, I'll post them. Included are how and when payments are to be made and what happens when payments are not made, including storage fees and interest. Willem </HTML>