What legal papers do I need to file in order to keep a mech lien from going through The lien is falsified . the car was stolen

Asked about 2 years ago - San Antonio, TX

the car was parked on street and towed then we reported it stolen cuz we couldnt find it anywhere police checked all systems the 3 days later we received papers from tax assesor office filin mechanic lien
we have detective looking into it but I need to file a hold once the file gets submitted then an injuction I just dont know what papers to file

Attorney answers (1)

  1. John R. Bonica

    Pro

    Contributor Level 13

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    Answered . See this page on the Texas Attorney General's web site which states how fraudulent liens can be removed. https://www.oag.state.tx.us/alerts/alerts_view.... I have included a link below to the forms given in the Texas Government Code for removing a lien. Although you can represent yourself, you would be well advised to retain an attorney to help you. There are civil and criminal penalties for filing a fraudulent lien. "(a) A person may not make, present, or use a document or other record with:
    (1) knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;
    (2) intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the constitution or laws of this state or the United States or another entity listed in Section 37.01, Penal Code, evidencing a valid lien or claim against real or personal property or an interest in real or personal property; and
    (3) intent to cause another person to suffer:
    (A) physical injury;
    (B) financial injury; or
    (C) mental anguish or emotional distress. Tex. Civ. Prac. & Rem. Code Ann. § 12.002 (West)
    (b) A person who violates Subsection (a) or (a-1) is liable to each injured person for:
    (1) the greater of:
    (A) $10,000; or
    (B) the actual damages caused by the violation;
    (2) court costs;
    (3) reasonable attorney's fees; and
    (4) exemplary damages in an amount determined by the court. Tex. Civ. Prac. & Rem. Code Ann. § 12.002 (West). If you bring an action under V.T.C.A., Civil Practice & Remedies Code § 12.002 and prevail, you might have a source of funds to pay your attorneys' fees.

    Legal disclaimer: John Bonica is licensed to practice law only in Texas. His response is not legal advice and... more

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