A friend of family offered to put my car on his property 11/2012. he was then asked to remove the motor and would be paid for the work when done. he never did the work. now he has filed for a mechanics lien but no judgement has been made yet and he is saying he is taking my car to auction on the 18th of this month. can he legally put a mechanics lien on my car for work not performed and storage of the car? also, can he sell my car before a judgement on the mechanics lien is made?
Real Estate Attorney
He can file the lien for storage. It is an easy thing to file a mechanics lien - as long as the form is properly filled out it can be recorded. You may have defrenses to it and you can make a motion to vacate the lien. As to selling your car he would have to go to court and foreclose on the lien and get a judgment before he could sell the car. I suggest you consult with an attorney and develop a strategy to vacate the lien and get your car back.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
Contracts / Agreements Lawyer
Can he legally put a mechanics lien on my car for work not performed and storage of the car? Storage yes. Work not performed no.
Also, can he sell my car before a judgement on the mechanics lien is made? no, and even once the lien is put on he cannot auction it. The lien must be foreclosed on.
You hsould consult with an attorney to advise you.