Each state has their owns rules and regulations for a person to enforce a mechanics lien and take the vehicle. In almost every state, a court hearing is necessary to determine if the lien has met state requirements.
http://fullertonlaw.com/book.php Will take you to the law firm of Fullerton & Knowles. Though they are based out of Virginia, the President of the firm has written an entire book (450 pages) and has multiple chapters on mechanic's liens and enforcement of judgment. Hope this is helpful!
Yes. You can file a lawsuit to challenge the lien or you can wait for the claimant to sue to enforce the lien and challenge it then.
A first lien holder is usually the lender or mortgage holder. Mechanics or Construction Liens do not supercede any lien placed before them or mortgage recorded after the lien is filed. In Minnesota mechanics liens are only enforceable for one year after the last day of service. Any lien holder, regardless of where they are in priority, can file to enforce their lien at anytime during that one year period.
In most states (if not all), the answer is no. You have only a limited period of time to bring a lawsuit to enforce the lien. After the time runs it's too late.
Generally not, but depending on your jurisdiction's laws, you may not be able to enforce the lien if licensing is a pre-requisite. You need to check the law where the property is located.
Try the link below for filing a mechanics lien in Illinois.
You have to go to court and enforce your mechanics lien so you can get the title (hopefully you have their signature authorizing the repairs). Get a lawyer.
Could be a mechanics lien.
any lien is challengable in superior court or small claims, depending on amount of lien.
NO! BANK LIEN-PAY IT OFF. MECHANICS LIEN-PAY IT OFF. autolienservice.com
No one. Liens can only arise on valid debts. They can be statutory (such as a mechanics lien) or judicial ( a judgment lien). However, bankruptcy discharges the underlying debt, unless the debt was one not subject to discharge (such as taxes of a student loan). These creditors can pursue these debts, receive a judgment and enforce collection through a judgment lien.
No, you need to file a repairmans lien.
To file a mechanics lien in Mississippi one will need to go to the courthouse and file the paperwork. An attorney can be hired to file all the paperwork for you.