First of all, the customer’s argument that the goods were not sold and therefore the processing fees were not paid has no legal basis. The customer shall pay your processing fees as stipulated in the processing contract.
Secondly, for processing contracts, custody contracts, etc., creditors have the right of lien. If the customer fails to pay the processing fees and custody fees as agreed, you have the right to retain the goods and give priority to the goods. The right to be compensated.
Third, although you have the right of lien, you cannot dispose of the goods at a low price by yourself (if you reach an agreement with the customer), if you do it by yourself, it may constitute infringement.
Fourth, the way you realize your rights is to retain the goods and then file a lawsuit in court. Your lawsuit should be supported by the court, and then the goods will be auctioned and sold under the organization of the court. The proceeds from the disposal of the goods will be used first to pay the processing fees, storage fees, etc. owed to you by the customer.
Article 234 of the "Property Rights Law" The lien holder has the obligation to properly keep the lien property; if the lien property is damaged or lost due to poor storage, he shall be liable for compensation.
Lien, as a legal security right, means that the creditor takes possession of the debtor's property in accordance with the contract. When the debtor fails to perform its debt overdue, the creditor has the right to lien the property and receive priority payment for the property. It only applies to claims arising in custody contracts, transportation contracts, processing contracts and brokerage contracts. Its acquisition must satisfy both positive and negative requirements. The positive elements are: the creditor must legally possess the debtor's movable property; the creditor's right must have expired; the occurrence of the creditor's right is implicated in the movable property. "Involved relationship" means that the occurrence of the creditor's right and the possession of the lien are based on the same contractual relationship or the same life. relation. The negative elements are: the possession of the movable property was not obtained due to tort, and the possession must be legal possession; the lien on the movable property does not violate public interests or good customs; the lien on the movable property must not conflict with the obligations of the creditor.
The effect of a lien is mainly to control the lien holder’s right to possess: the right to possess the lien property, the right to collect interest from the lien object, and the right to priority in payment.