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ANYONE can put a lien on anything you own... Your car, house, jewelry, furniture etc.... Say you are my neighbor...I cannot stand you and want to mess with you.. I can put a lien on your house.. And then when you go to refinance, sell, turn title over to someone else, etc, You have to deal with me before you can go forward....
As for someone doing work on your house, legally they can come and undo what they did IF you do not pay them.... And it is NOT about what the vehicle is worth or what the repair is worth.. It is about a bill that is owed plain and simple.... You thin a company that does work on a $500,000 Motorhome is going to just give it back if someone doesn't pay their bill?? No way....
Yep. You want to hear a really weird one ? Let's say you hire a contractor to do work on your house and he hires some subcontractors. Job ends and you pay the contractor, but he stiffs his subs. They can (and have) come after the home owner who might have to pay twice.....once to the crooked contractor and again to the subs.
ANYONE can put a lien on anything you own... Your car, house, jewelry, furniture etc.... Say you are my neighbor...I cannot stand you and want to mess with you.. I can put a lien on your house.. And then when you go to refinance, sell, turn title over to someone else, etc, You have to deal with me before you can go forward....
Something doesn't sound right here. Someone can put a lien on your property even when you don't owe them anything?
ANYONE can put a lien on anything you own... Your car, house, jewelry, furniture etc.... Say you are my neighbor...I cannot stand you and want to mess with you.. I can put a lien on your house.. And then when you go to refinance, sell, turn title over to someone else, etc, You have to deal with me before you can go forward....
Citation needed, here. Not saying I don't believe you, but...I don't believe you can do this just for the hell of it. There has to be a debt incurred.
You're using the wrong example, or at least an example where your point seems more credible. You're talking about a mechanic literally rebuilding a car. They turned a car of $0 value into a new car worth some money. What we are talking about instead is a minor repair by a mechanic. And there are valid reasons why you would refuse to pay - not necessarily that you have to be a scumbag.
For example, you can have a dispute with the mechanic on what was agreed upon, or over inflated charges, or the mechanic fixing stuff you never told him to do. Say, he went and fixed something (of say, $100 value) without confirming with you first. And you felt it was not necessary, or that you even had the part in your house, and were planning to do it yourself.
Disputes happen every day in every form of business. And there are ways and channels to handle them. But it is not an excuse for the other party to hold your (far more valuable than the dispute amount) equipment hostage.
Your mechanic does not hold the car title, and there was no legal transfer of ownership to the mechanic. In my books, if they keep the car hostage, they should be charged with theft. And the disputed amount should be handled separately.
I cannot even believe that people on this thread feel that it is okay for a mechanic to illegally keep someone's car following a dispute.
A loan company seizes a car due to non-payment because they legally hold the car title. Legally, the car belongs to them. This is certainly not true for a car mechanic.
The parts on the car belong to the mechanic. NOT the owner who has not paid for them. If the owner of the vehicle drives away with the vehicle by your definition they have also committed theft. The only way the mechanic can ensure he is paid is to hold the vehicle (which is LEGAL... not illegal as you mentioned). You enter into a binding contract when you sign the work order that clearly states you give them permission to hold the vehicle for payment, and that a mechanic's lien will be placed on it if not paid. They also reserve the right to sell the car to recoup their loss. Nothing illegal about a contract that you signed off on.
Citation needed, here. Not saying I don't believe you, but...I don't believe you can do this just for the hell of it. There has to be a debt incurred.
Anyone can claim a debt incurred.. AND it does NOT have to be written..It could be an oral debt.. Say I go to file a lien.. I tell them me and my neighbor went in together on a fence.. I bought the materials and we put it up but he did not pay me.. I can file a lien....
Anyone can claim a debt incurred.. AND it does NOT have to be written..It could be an oral debt.. Say I go to file a lien.. I tell them me and my neighbor went in together on a fence.. I bought the materials and we put it up but he did not pay me.. I can file a lien....
You have to back up the lien before it will be entered against a property, at the very least by swearing an affidavit. Falsely swearing information in an affidavit is perjury, which judges typically don't look too kindly upon.
My ex has a title loan on his car he hasn't paid . He took it to a mechanic to have work done he can't pay that so they have a mechanics lein on car now.So who will end up with the car now in Texas
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Originally Posted by DeeDee2018
My ex has a title loan on his car he hasn't paid . He took it to a mechanic to have work done he can't pay that so they have a mechanics lein on car now. So who will end up with the car now in Texas
The mechanic has the car, and if he locks it up at night it cannot be repossessed. The bank will have to pay the mechanic to get the car back to repossess and resell it, and the ex will be sent to collections by both. Besides ruined credit, the amounts may be enough that they would go to court and seek a judgement, then attach wages and/or seize bank accounts.
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