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A lienor must have something to defend his lien rights in court. What that "something" is depends upon the type of lien (or reason for the lien). An extremely simplified explanation is:

  • For a security lien an agreement or promissory note (or equivalent).
  • For a construction (or mechanics lien) either a written contract or evidence proving the mutual acceptance of a verbal contract (invoices & copies of payments), unpaid balance of work performed and all preliminary and warning notice requirements met.
  • For a vehicle, vessel or aircraft lien, proof of towing, storage or repair.
  • For a judgment lien, a copy of the judgment awarded.

Anyone can type up a lien and record it with the local clerk in hopes of collecting money owed them but without adequate proof of their claim (and meeting the requirements and restrictions of that type of claim), they are liable for many retaliatory lawsuits from harassment to fraud that at the very least result in hefty fines and being responsible for paying everyone's legal fees and court costs.

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14y ago

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