Quantcast
answersLogoWhite
notificationBell

Top Answer
User Avatar
Wiki User
Answered 2015-07-15 18:21:38

The person who wrote below did a good job in citing the property code but obviously doesn't know how the courts have answered the question. And the answer is yes, yes and yes.

answer in short?? NO, NO, and still NO

http://www.capitol.state.tx.us/statutes/statutes.html TX statutes in general http://www.capitol.state.tx.us/statutes/docs/PR/content/word/pr.005.00.000070.00.doc this the one I quote from PROPERTY CODE CHAPTER 70. MISCELLANEOUS LIENS SUBCHAPTER A. POSSESSORY LIENS Sec. 70.001. WORKER'S LIEN. (a) A worker in this state who by labor repairs an article, including a vehicle, motorboat, vessel, or outboard motor, may retain possession of the article until: (1) the amount due under the contract for the repairs is paid; or (2) if no amount is specified by contract, the reasonable and usual compensation is paid. (b) If a worker relinquishes possession of a motor vehicle, motorboat, vessel, or outboard motor in return for a check, money order, or a credit card transaction on which payment is stopped, has been dishonored because of insufficient funds, no funds or because the drawer or maker of the order or the credit card holder has no account or the account upon which it was drawn or the credit card account has been closed, the lien provided by this section continues to exist and the worker is entitled to possession of the vehicle, motorboat, vessel, or outboard motor until the amount due is paid, unless the vehicle, motorboat, vessel, or outboard motor is possessed by a person who became a bona fide purchaser of the vehicle after a stop payment order was made. A person entitled to possession of property under this subsection is entitled to take possession thereof in accordance with the provisions of Section 9.609, Business & Commerce Code.

(d) The lienholder shall apply the proceeds of a sale under this section to the charges. The lienholder shall pay excess proceeds to the person entitled to them. SALE OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR OUTBOARD MOTOR. (a) A holder of a lien under this subchapter or Chapter 59 on a motor vehicle subject to Chapter 501, Transportation Code, or on a motorboat, vessel, or outboard motor for which a certificate of title is required under Subchapter B, Chapter 31, Parks and Wildlife Code, as amended, who retains possession of the motor vehicle, motorboat, vessel, or outboard motor for 30 days after the day that the charges accrue shall give written notice to the owner and each holder of a lien recorded on the certificate of title. If the motor vehicle, motorboat, vessel, or outboard motor is registered outside this state, the holder of a lien under this subchapter who retains possession during that period shall give notice to the last known registered owner and each lienholder of record. (b) Except as provided by Subsection (c), the notice must be sent by certified mail with return receipt requested and must include the amount of the charges and a request for payment. (c) The notice may be given by publishing the notice once in a newspaper of general circulation in the county in which the motor vehicle, motorboat, vessel, or outboard motor is stored if: (1) the holder of the lien submits a written request by certified mail, return receipt requested, to the governmental entity with which the motor vehicle, motorboat, vessel, or outboard motor is registered requesting information relating to the identity of the last known registered owner and any lienholder of record; (f) If the charges are not paid before the 31st day after the day that the notice is mailed or published, as applicable, the lienholder may sell the motor vehicle, motorboat, vessel, or outboard motor at a public sale and apply the proceeds to the charges. The lienholder shall pay excess proceeds to the person entitled to them. UNCLAIMED EXCESS. (a) If a person entitled to excess proceeds under this subchapter is not known or has moved from this state or the county in which the lien accrued, the person holding the excess shall pay it to the county treasurer of the county in which the lien accrued. The treasurer shall issue the person a receipt for the payment. (b) If the person entitled to the excess does not claim it before two years after the day it is paid to the treasurer, the excess becomes a part of the county's general fund.

Sec. 70.008. ATTORNEY'S FEES. The court in a suit concerning possession of a motor vehicle, motorboat, vessel, or outboard motor and a debt due on it may award reasonable attorney's fees to the prevailing party.

001
๐Ÿ™๐Ÿฟ
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0
User Avatar

Your Answer

Still Have Questions?

Related Questions

Uses of hydraulic bench in fluid mechanics?

1- Used in fluid mechanics laboratories. 2- to calculate discharge rate of water. 3- For giving continuous flow.


What is the difference between giving up and giving in?

"Giving up" implies defeat. "Giving in" implies compromise.


Can you get a girl pregnant without giving her herpes?

well it depends if you have herpes then no you cant get her pregnant without giving her herpes. And if you dont have herpes then you can get her pregnant without giving her herpes does that answer your question


Can any company deduct Provident fund without giving PF account number?

No. They have to give the PF Account number if they are deducting PF


What is the difference between giving an answer or giving an opinion?

giving an answere is to give facts and examples, while giving an opion is giving your personal thought on an issue


What is a legal document giving certain rights to a person or company?

Charter is a legal document giving certain rights to a person or company.


Difference between giving and sharing?

sharing is giving some but not all away.


How will our company benefit by giving you a bursary?

I will work effectively for this company for as much as i could.


How to hack people on meez without them giving there password to you?

It is not legal to hack other peoples meez without them giving you there password.


If company advises they are recording the call can I also record the call without giving notice?

Yes, because BOTH parties to the call (you AND the company rep) are aware that the exchange is being recorded - regardless of WHO is doing the recording.


Can you name a fuel which burns without giving water vapour?

coal is a fossil fuel that burns without giving water vapour.


What is the difference between surrender and submission?

Surrender means giving up. Submission means giving in.


Can you answer without sign in?

I believe you answered my question without sign in by not giving me an answer!


What company is considered the technology leadership?

There are many companies which are showing leadership in the technology field. Without giving personal preference, it is impossible to answer this question properly as it has been asked.


Why does club penguin keep taking coins from you without giving you anything?

That is not possible. Club penguin does not take coins from you without giving you anything.


What is an unauthorized interview?

An unauthorized interview is one that was given without permission by a person's company. For example, NFL players can get fined for giving unauthorized interviews. They need permission from the NFL.


What is the difference between giving off light and reflecting light?

Giving off is emitting it and reflecting light is reflecting it


What is the purpose of charitable giving?

Charitable giving is giving without receiving. Its purpose is to help people or organizations that need help funding themselves.



where can i find term life insurance with no physical?

You can go to this link, get a price quote and find an insurance company that will accept giving you term life insurance without a physical, http://www.primequote.com/


How does people help pigs?

How us people help pigs is by giving them a home in a barn, giving them company, and also we feed them.


What difference between a private and public business company?

a public business focuses on providing a service whereas private businesses only concentrate on making a profit by giving the customers individual products to suit them




Can you make money off of recycling?

yes you can by giving it to a recycling company.


Still have questions?

Trending Questions
Best foods for weight loss? Asked By Wiki User
How to lose belly fat? Asked By Wiki User
Unanswered Questions
Saan nagmula ang gitara? Asked By Wiki User
Uri ng tekstong nareysyon? Asked By Wiki User
Can you get Takis at 7 eleven? Asked By Wiki User