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Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges

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Multi-State
Control #:
US-1282SB
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Description

A lien is a charge on property for the payment or discharge of a particular debt having priority to the general debts of the owner of the property. Liens may be either general or specific. A specific lien is a charge on particular personal property for th

Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges is a legal document in which a person or company grants a lien holder the right to seize and sell assets if the debtor fails to pay for a repair or the cost of parts. This document is often used when a person or business is unable to pay for a repair or part due to financial hardship. The lien holder is then able to collect the unpaid costs by selling the asset. There are two main types of Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges: voluntary and involuntary. A voluntary lien and sale is when the debtor gives permission for the lien to be placed on their assets and agrees to the terms of the sale. An involuntary lien and sale is when the lien is placed on the assets without the consent of the debtor and is usually done through a court order.

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FAQ

Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorder's office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.

(a) An original contractor who has a written contract with the owner may furnish at any time a bond for the benefit of claimants.

Under Section 53.171(c) of the Texas Property Code, a mechanic's lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts.

Section 53.101 - Funds Required To Be Reserved (a) During the progress of work under an original contract for which a mechanic's lien may be claimed and for 30 days after the work under the contract is completed, the owner shall reserve : (1) 10 percent of the contract price of the work to the owner; or (2) 10 percent

Notice Relating to Termination of Work or Abandonment of Performance by Original Contractor or Owner.

To place a lien, you must have a court judgment for the debt, so you must start by suing the business entity in a court of law. Once the judge rules that the debt is warranted, you take the court order to the county recorder's office of each county the business owns property within.

Before construction begins, Texas Property Code Section 53.256 requires that the builder provide the name, address, and telephone number of each subcontractor and supplier the builder intends to use on the project.

YES. To have Lien rights on a residential homestead Property, the Original Contractor must: (1) have a written contract signed by the Property Owner (if they are a married couple, then both 9 Page 10 must sign the contract); (2) before the work begins; and (3) the contract must be filed with the County Clerk.

More info

– Any person entitled to claim a lien for improvements to real property under this Article who is subject to G.S. 44A-11.1. The lien can be established after a period of time and will give the mechanic a legal claim of the vehicle until the debt is paid off in full.Some state laws give servicer providers that have a mechanic's lien the right to sell the vehicle at a public auction or in a private sale. 4763 Owner's remedies upon nonpayment of charges; notice of sale; limit on earliest time for sale; disposal of protected property. I'm in a serious fight with my mechanic over the final cost he is charging me for repairs. 32.110 Payment of subcontractors under cost-reimbursement prime contracts. 32. 111 Contract clauses for non-commercial purchases. 32. Car Dealerships: Mechanics at the dealership will be very familiar with the make and model of your car. Statutory Liens on Real Property. § 66-19-103(e) even if the total repair charge.

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Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges