heavy breather
FBI enforcer
Thier has been a mechanics lien put on my Ty!!! I am disputing the charges but any Ideas on speeding up the process of getting it removed, beside court?
HELP!! On mechanics lien
- Thread starter heavy breather
- Start date
QWERTYphoon
Motley Driver Award 2009
Re: HELP!! On mechanics lien
Why don't you tell your story to this forum and put up a pole, just my .02.
Why don't you tell your story to this forum and put up a pole, just my .02.
allwheeldriven
New member
Re: HELP!! On mechanics lien
Taking a lien on your vehicle is a legal process.... A mechanic can't just decide "I want to put a lien on this vehicle"
For court you would need to
A: Prove they did work without your knowledge or consent.
B: Prove they charged you an unreasonable amount by getting quotes from other places showing it could have be done for less.
It depends on the laws of your state but in most states you can be charged for work done with your knowledge even if you do NOT sign a contract.
example:
You come home from work one day to find a paint crew painting your house and you don't tell them to leave you decide to not say anything and let them finish up painting your house... in most states they could hand you a bill for the work when they are done.
Taking a lien on your vehicle is a legal process.... A mechanic can't just decide "I want to put a lien on this vehicle"
For court you would need to
A: Prove they did work without your knowledge or consent.
B: Prove they charged you an unreasonable amount by getting quotes from other places showing it could have be done for less.
It depends on the laws of your state but in most states you can be charged for work done with your knowledge even if you do NOT sign a contract.
example:
You come home from work one day to find a paint crew painting your house and you don't tell them to leave you decide to not say anything and let them finish up painting your house... in most states they could hand you a bill for the work when they are done.
James Thomas
"NO CLASS"
Re: HELP!! On mechanics lien
Without further details it's hard to advise. We need more info but.... make sure you have all your ducks in a row for sure. Signed repair orders are usually required and did you ask for an estimate? Do you have witnesses, did you ask for your old parts to be kept? Is this a dispute due to shoddy / incomplete or incorrect work or that they did work without your approval or a price related issue etc? Bottom line is that if they already have the lein and your truck.... you will either pay or contest in court. If you have to contest and prove your case in front of a Judge, you better have good solid info or you will pay the charges and the court costs or loose your truck to public auction.
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James
Without further details it's hard to advise. We need more info but.... make sure you have all your ducks in a row for sure. Signed repair orders are usually required and did you ask for an estimate? Do you have witnesses, did you ask for your old parts to be kept? Is this a dispute due to shoddy / incomplete or incorrect work or that they did work without your approval or a price related issue etc? Bottom line is that if they already have the lein and your truck.... you will either pay or contest in court. If you have to contest and prove your case in front of a Judge, you better have good solid info or you will pay the charges and the court costs or loose your truck to public auction.
____________
James
pinellas50
New Guy
Re: HELP!! On mechanics lien
Need more info.
In Florida, a mechanic's lean is something that you the owner do. Basically you are disputing the amount of a bill or the work done and the shop is refusing to see your side. You go to the court and pay the amount of the work order----to the court. Then with court documentation the shop has to release your vehicle. Then you hash it out in court to see who gets the money. No way to speed that up.
But things could be very different in your neck of the woods.
Need more info.
In Florida, a mechanic's lean is something that you the owner do. Basically you are disputing the amount of a bill or the work done and the shop is refusing to see your side. You go to the court and pay the amount of the work order----to the court. Then with court documentation the shop has to release your vehicle. Then you hash it out in court to see who gets the money. No way to speed that up.
But things could be very different in your neck of the woods.
JSM
Active member
Re: HELP!! On mechanics lien
I own the transfer case, rear driveshaft, somehow I traded a nice sway bar for some rusty crap one, I did hours of labor, consulting, and many months of storage on the truck.
There is no lien anymore, I own the damn thing now.
Nevermind the fact when you were out of town last year I blew up the front propshaft, that doesn't matter.
I own the transfer case, rear driveshaft, somehow I traded a nice sway bar for some rusty crap one, I did hours of labor, consulting, and many months of storage on the truck.
There is no lien anymore, I own the damn thing now.
Nevermind the fact when you were out of town last year I blew up the front propshaft, that doesn't matter.
opcorn:
Typhoonracer
Old Guard GURU
Re: HELP!! On mechanics lien
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George Blake
DONATING MEMBER
Re: HELP!! On mechanics lien
I hope you guys are kidding but it doesn't look like a valid lien and can get really messy. Lots of things have to be done to put a lien on something and includes notification in writing and it has to be done within so many days of starting the work.
The Preliminary 20-Day Notice
If you receive a Preliminary 20-Day Notice, don't panic. The preliminary notice isn't a lien; it is a notice that a subcontractor or supplier has provided or will be providing goods and services to improve your property and could file a lien claim if they are not paid.
Don't expect a 20-Day Notice from a prime contractor, however-since they have a direct contract with you, they aren't required to send a 20-Day Notice.
These notices allow you to track who has a potential claim against your property. Subcontractors and suppliers must provide you with this notice in order to maintain their right to file a lien. If they don't provide you with the notice, they lose the right to file a lien.
Watch the timing, however. A subcontractor or supplier can give you the Preliminary Notice before delivering supplies or starting work and up to 20 days after delivering supplies or starting work.
There is a lien on your property-now what?
There are a number of reasons a lien might be invalid; for example, the work was not completed or the supplies were not incorporated into the structure. If a lien is placed on your home, you may want to consult an attorney for help in releasing the lien or identifying these issues.
Often, many lien claims are invalid because the contractor, subcontractor or materials supplier has failed to meet the required timelines for filing the claim. Review the Lien Requirements Checklist to determine if the claimant followed the required timelines.
Lien Requirements Checklist
Check to see if the Preliminary 20-Day Notice was given to you within the strict time frames.
A subcontractor or materials supplier has until 20 days after beginning work or delivering materials to serve you a Preliminary 20-Day Lien Notice. If the notice is late, the claimant loses lien rights for work done or materials delivered more than 20 days before the notice. The claim against your property isn't valid if this time frame is not followed. Laborers don't need to give you the 20-Day Notice.
Check to see if the potential lien claimant filed the mechanic's lien within the legal time frame.
The potential lien clamant must record the mechanic's lien within 90 days of:
If the potential lien claimant fails to record the mechanic's lien within the appropriate timeframe, the lien isn't valid. Once a mechanic's lien is recorded,it attaches to your title and must be removed.
- Completion of work
- When owner began using the improvement,* or
- When owner accepted the improvement.
As previously mentioned, if you recorded a Notice of Completion, a prime contractor has 60 days to record a lien while a subcontractor or materials supplier has 30 days to record a lien.
_____________
*This point is often hard to verify because the homeowner is often occupying the residence during construction. You might want to contact an attorney for assistance on this point.
Check with the Superior Court to see if the subcontractor or materials supplier filed a timely Lien Foreclosure Action.
A lien foreclosure action is a lawsuit to foreclose the mechanic's lien. The lien claimant must file a lien foreclosure action within 90 days of the date that he or she recorded the mechanic's lien. Often a lien claimant with a valid claim will fail to follow through, making the lien invalid.
If the contractor, subcontractor or materials supplier fails to follow any of these strict time frames, you can petition the Superior Court to remove the lien.
Be aware that, although anyone can record a mechanic's lien, unlicensed contractors cannot foreclose on a mechanic's lien if the work is valued at more than $500.
Why should you remove an invalid lien?
Even when a contractor, subcontractor or materials supplier doesn't act to foreclose on your property, the lien stays on the county records as a "cloud" on your property title until you take action to remove it. An invalid lien can make it difficult or impossible to refinance or sell your home.
Steps to remove an invalid lien
Follow the steps below to begin the process of removing an invalid lien:
Sometimes, sending the letter is enough to persuade the lien claimant to release the lien.
- Send the lien claimant a written request by certified mail. Keep a copy of your letter and the certification as proof of your request. Include:
- Deviations you've identified from the Lien Requirements Checklist.
- A request for the claimant to remove the lien. Remind the claimant that, if the lien isn't removed and you have to get an attorney to remove it, the court can award you attorney fees of up to $2,000.
- Keep your documentation. You may need to demonstrate to a court that "the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found." (Civil Code Section 3154)
- Send the request to the claimant's last known address. Do your homework to verify that you have the correct last known address.
Petition to release the property from the lien
If the lien claimant doesn't remove the invalid lien, and the time has expired to record the mechanic's lien and take action to foreclose, you may petition the court for a decree to release the property from the lien. This is a complicated process that may require the services of an attorney. Refer to Section 3154 of the Civil Code for more information.
Civil Code Section 3154 (f) provides that if you use an attorney and you prevail, you are entitled to attorneys' fees up to $2,000.
I hope you guys are kidding but it doesn't look like a valid lien and can get really messy. Lots of things have to be done to put a lien on something and includes notification in writing and it has to be done within so many days of starting the work.
Six-is-Enough
Use to do a little Boost
Re: HELP!! On mechanics lien
Well the TY is in my possession and no one is getting the truck until I get paid! Hardman or JSM, nobody....
Well the TY is in my possession and no one is getting the truck until I get paid! Hardman or JSM, nobody....
WyoSyclone
Active member
Re: HELP!! On mechanics lien
As Paris Hilton would say.... "Mommmmmmyyyyyyy" :rotf:
As Paris Hilton would say.... "Mommmmmmyyyyyyy" :rotf: