Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See N.Y. Lien Law § 187[1]. Possession of the property is required for this lien. Please note that this lien does not take priority in other liens.
“If such amount remains unpaid for thirty days after demand, such bailee for hire may upon fifteen days’ notice in writing to the owner, specifying the amount due and informing him that the payment of such amount within fifteen days will entitle him to redeem such property, and if such property is not redeemed, such bailee may sell such property at public sale to satisfy the account, including any expense for storage, insurance, or otherwise incurred for the protection or preservation of such property.” N.Y. Lien Law § 187[2]. There is no filing requirement in New York for this lien.
“The proceeds of the sale after paying the expenses thereof shall be applied in liquidation of the indebtedness secured by such lien, and the balance, if any, shall be paid over to the owner. Such notice shall be served by registered mail directed to the owner’s last known postoffice address and by posting in three public places in the town, village or city where the property is located.” N.Y. Lien Law § 187[2].
It is important to understand that lien law is state specific. If you have an agriculture lien law issue, it is important to work with an attorney licensed in your jurisdiction.