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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

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

Posted

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.php?id=114&type=3 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 does not create an attorney/client relationship. The response is only intended to provide general information. The question may not include significant and important facts that would change the response. You should confer with a local attorney for competent legal advice.

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John R. Bonica

John R. Bonica

Posted

You say the lien is "falsified"; however, it is not clear that the person who filed the lien acted with intent to defraud. It is possible that the person who filed the lien acted in concert with the person who took the car but it is also possible that the person who filed the lien was an innocent third party. Under the statute quoted above, "(c) A person claiming a lien under Chapter 53, Property Code, is not liable under this section for the making, presentation, or use of a document or other record in connection with the assertion of the claim unless the person acts with intent to defraud. Tex. Civ. Prac. & Rem. Code Ann. § 12.002 (West).

Asker

Posted

thank you very much I spoke with thye business owner and he has lied to me and contradicted himself I will contact an attory for this now Thank you so very much for your asssistance!!

John R. Bonica

John R. Bonica

Posted

Your welcome, you can mark this response "helpful" or "best answer" if you find it helpful.

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