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It is possible that the mechanic's lien cannot be placed on the tractor trailer because it is leased. However, this may vary depending on the laws of the state in which the mechanic is working, or where the company is based.
Artisans lien is against personal property and is possessory. Mechanic's lien relates to real property.
Yes, provided he has a valid lien. Often, in the event of unpaid vehicle repair debts, mechanics can obtain a mechanic's lien. Repossession can be a means of enforcing a mechanic's lien.
If the mechanic's lien is legitimate, the rights lean in the mechanic's favor. The person who recorded the lien has a certain period set by state law to perfect the lien by a civil suit. During the pendency of the lien the property cannot be sold or financed. If the lien is pursued in civil court the mechanic may obtain a judgment lien that will encumber the property until it is paid or expires under state law.
You don't. A Mechanic's Lien is a legal instrument that can be used by a contractor, business or person who has made improvements to real property. For example, a company installs windows in a house and the homeowner who contracted the service does not pay the bill, the contractor can then file a Mechanic's Lien against the property where the windows were installed by recording the lien in the land recorder's office in the county where the property is located. That is actually not true. A mechanics lien is a lien that can be put on any type of vehicle due to an unpaid bill for the services that you receive. For instance, if you take your vehicle to a shop and then fail to pay them, they can put a mechanics lien on it until the balance and services are paid for in full. That is why it is called a "mechanics" lien. If you are not a licensed mechanic, you cannot put a mechanics lien on anything. However, you can go to your local county courthouse to file a standard lien.
No. You are not licensed to be a contractor, so any work you do is technically considered illegal. Therefore, you have no right to claim a lien against your customer, even if he did not pay you what you are owed.
A Mechanic's Lien is also known as a Construction Lien. Construction Lien rights are available to anyone providing material, labor or services for the improvement or repair of real property. To establish valid lien rights each state has certain procedures such as Preliminary and Warning Notices that must be delivered within specific time periods. If you are not familiar with the lien laws requirements of the state where you are working, it would be prudent to use a company that provides lien law administration or notice service. A Mechanic's Lien is mistaken by many to be a Vehicle Lien. Some states do allow those who tow, store or garage, and repair vehicles (vessels & aircraft) to place a lien on the title and to either ultimately take over the title or auction the vehicle to cover the outstanding debt. Vehicle Liens are complicated by a multitude of actions over a specific time line so it is highly recommended to use a vehicle lien company.
If work is done to the property such as remodeling, repairs and a company does not pay, the person(s) owed can file a Mechanic's Lien without the necessity of the usual court procedure against said company.
A paid in full receipt from the mechanic/garage with the lien.
said mechanic must show proof of having a valid up to date llien, if the mechanic does not and you still have your vehicle registration and title it is suggested you go to your local police department and schedule a time to have a police officer go with you to retrieve your property. ---- A mechanic's lien is a lien by a contractor, subcontractor, supplier or laborer for labor performed and/or materials supplied for the improvement of real estate. I think that the former author may be talking about an "artisan's lien" often confused with a mechanic's lien. The artisan's lien is a lien on a vehicle for repair work. If the lien is invalid, the lien claimant can still release it. If they don't agree that it isn't valid or they can't be found, you will have to file a law suit to have the court declare it invalid. If you need an attorney in just about any state, let me know by email, I will be glad to try to help you find a local lawyer to help.
Go to a lien search agency, they are everywhere.
No, what will happen is this: the finance company will pay off the mechanics lien (usually) and tack that on your loan balance, it would be considered a repo fee.
Generally, not legally. The mechanic's lien is a civil matter. Law enforcement may not involve themselves in civil matters. The only way to remove a mechanic's lien is to pay the amount owed, and have the lien holder relase it.
Yes, The vehicle will then be encumbered by the lien and cannot be sold, traded or the title transferred. Once the lien/debt is paid the lien is lifted and the owner of the vehicle can obtain a clear title. Action by a garage/repair company is where the term Mechanic's Lien first originated.
What is a Mechanic's Lien?A Mechanic's Lien is the right of a craftsman, laborer, supplier, architect or other person who has worked upon improvements on a particular parcel of real estate to place a lien on that real property for the value of the services and/or materials if not paid. The lien is used to enforce payment in order to clear the title to the property, because property with a lien on it cannot be easily sold until the lien is satisfied/paid off.Placing a Mechanic's lien In some states, a claim must be filed in the county clerk's office or a suit brought within a certain period of limited time. On the sale of the building these liens are to be paid pro rata (a share to be received or an amount to be paid based on the fractional share of ownership). In some states no lien is created unless the work done or the goods furnished amount to a certain specified sum, while in other states there is no limit to the amount.A number of technical laws surround mechanic's liens, including requirements of prompt written notice to the owner of the property and the amount still owed (even prior to the general contractor being late in making payment), in some states there are limits on the amount collectable, and various time limitations to enforce the lien. The enforcement of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien and have the property sold in order to be paid.Property owners should make sure that their general contractors pay their employees or sub-contractors to avoid a mechanic's lien, since the owner could be forced to pay the debts of a general contractor even though the owner has already paid the contractor. If the worker or supplier does not sue to enforce the mechanic's lien, he/she may still sue for the debt.How To Get a Mechanic's Lien ReleasedIf a mechanic's lien has been filed against you, you have a few options:Satisfy the Lien: Paying the lien amount can release a mechanic's lien. However, if paying the lien amount is not equitable for you, negotiate a more reasonable payment. As part of the settlement, have the contractor sign a mechanic's lien waiver and release that removes the lien from your property.Lien Release Bond: You can challenge the amount or existence of the lien with a lien release bond. A lien release bond shortens the lien claimant's enforcement period and can release your property from the mechanic's lien or terminate a foreclosure action.Court Ordered Release: If the lien claimant fails to meet the statutory requirements, the mechanic's lien is void. If the lien claimant fails to execute a release of the mechanic's lien, petition the court to release the lien. You must be proactive to ensure the mechanic's lien is released. If not, the lien will remain and can cloud your title.Always Consult An Attorney Regarding Legal IssueA lawyer can also help you draft a contract that anticipates and protects against challenges, prior to a lien being placed on the property. However, if someone has already attached a mechanic's lien to your property, an attorney can assist you through the procedures to ensure your property will not be sold, to develop defenses if you are taken to court, and to file a release if the mechanic's lien remains in your title chain.Disclaimer: This article is a guideline and is not legal advice - No information here is warranted or guaranteed fro any purpose; as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.
hire a lawyer
A mechanic's lien is a claim against a real property for money owed for labor and materials. A mechanic's lien may be filed by a supplier or a subcontractor who has provided labor or materials and has not been paid. A lien must be properly filed by a claimant. It has a limited life, prescribed by statute that varies from province to province and state to state. If the lien-holder takes action within the prescribed time, the homeowner may be obliged to pay the amount claimed by the lien-holder.
The website Zlien has a collection of legal forms and it especially focuses on mechanic lien forms and preliminary notice forms. One can download a free mechanic lien form from the Zlien website.
Yes, but the lien may not be valid. In most states there can be criminal and civil penalties for filing a bogus lien.You may be referring to a mechanic's lien which is the only type of lien a person can file on their own. In most states a mechanic's lien is of a short duration and must be perfected within a statutory time period by a judgment lien. You need to check your state laws regarding mechanic's liens for more details.
If you haven't paid for the work done to it, they can place a mechanic's lien on it.
In most states the person who repairs a vehicle has an artisan's lien. An artisan's lien is a possessory lien meaning that a) no recording of any document is required to obtain the lien, however b) the lien is only good while it is in your possession. If you return the vehicle to the owner you have lost your lien. If the owner takes the vehicle without your consent, your lien is not defeated, however, in most states the act of taking the vehicle from you will be considered theft by the vehicle owner.