This form is used to give notice of an Artisan's Common Law Lien. An artisan, sometimes called a craftsman, is a skilled worker who uses tools and/or machinery in a particular craft. A common-law lien is the right of one person to retain in his possession property that belongs to another until a debt or claim secured by that property is satisfied. It pertains exclusively to personal property.
Hawaii Notice of an Artisans Common Law Lien
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FAQ
An artisan's lien is a type of lien that gives workers a security interest in personal property until they have been paid for their work on that property.
EXAMPLE: A clockmaker performs a $150 repair on a customer's clock. Maryland law automatically gives the clockmaker a $150 lien on the clock. If, within 90 days, the customer pays the clockmaker only $50, the clockmaker can sell the clock and keep the proceeds necessary to complete the payment.
After demand and refusal of the amount due or upon neglect to pay same upon demand, the lien may be enforced by action filed in the circuit court of the circuit in which the property is situated.
Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.
A mechanics lien is a "hold" against your property, filed by an unpaid contractor, subcontractor, laborer, or material supplier, and is recorded with the county recorder's office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.
An artisan's lien is effective only if a creditor has possession of the collateral property, or has temporarily surrendered it. upon the mortgagee's default on a specified note.
A right which entitles a party to hold on to assets in his possession pending payment of a debt owed. It can arise in the following ways: Equity. From the operation of law (a legal or common law lien). Bargained for, or extended, as a matter of contract (a contractual lien).
In order to obtain a lien against your property, a contractor, subcontractor, or material supplier must go to court and show that goods or services for the project have been supplied but not been paid for. You will be notified to appear and defend against these claims in court.