Massachusetts Waiver of Lien by Automobile or Car Mechanic

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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

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FAQ

Laws, cases and web sources on mechanics' lien law. A builder, contractor, or subcontractor can record a mechanic's lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.

Within 90 days of recording the statement of account, a lawsuit must be filed against the property owner to enforce the lien. If suit is not timely filed, the lien is automatically dissolved. An attested copy of the complaint (lawsuit) must then be recorded at the registry within 30 days of filing the complaint.

Massachusetts does not require the notarization of lien waivers, but that parties file a notice of contract and sign under the ?penalties of perjury.?

Under Section 10, a lien may be dissolved by a notice signed by the lienor, stating that lien is dissolved, recorded in the registry of deeds where the notice of the contract was recorded.

A form of statement of account for a Massachusetts laborer, contractor, subcontractor, design professional, or subcontractor of a design professional asserting a mechanic's lien that provides an accounting of the amount due at the time the claimant records the statement.

NOTICE OF RIGHT TO LIEN Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic's lien, often referred to as the ?Preliminary Notice?. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor.

A builder, contractor, or subcontractor can record a mechanic's lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.

Upon receiving actual notice service of the notice of recording and a copy of the bond, the claimant has 90 days to file suit against the surety, otherwise its lien is dissolved. A contract requiring a general contractor or general contractor not to file a mechanic's lien is unenforceable pursuant to M.G.L. c. 254 Sec.

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Massachusetts Waiver of Lien by Automobile or Car Mechanic