Saturday, December 5, 2009

How to File for a Lien on a Motorcycle Title

If you are owed money by an individual, many states provide a legal remedy by which you may place a lien on the person's vehicle, including a motorcycle. The procedures you must follow in order to attach a lien to the title will depend on state law as well as the reason for which you are entitled to the lien. A lien subsequent to a civil judgment may be easier to attach than a mechanic's lien for repairs or storage charges that are unpaid.

Instructions

Mechanic's Lien

    1

    Calculate the amount due for the repairs or storage.

    2

    Mail a notification to the owner informing him of the charges due and that you intend to file a mechanic's lien if they are not paid in full. Mail the notice by certified mail.

    3

    Publish a notification of the lien according to the laws of the state where you are located. Most states require publication in a local newspaper of your intent to attach the lien and sell the motorcycle at auction.

    4

    Sell the motorcycle at a public auction. Once you have complied with your state's laws regarding notification, your lien attaches to the title. You are usually required to sell the motorcycle at a public auction, with the profits providing payment for the balance owed by the owner.

Judgment Lien

    5

    File a lawsuit against the person who owes you money. State laws will govern the lawsuit procedures; however, in all cases you must prevail in the lawsuit upon which the court will enter a judgment against the defendant.

    6

    Request enforcement of the judgment. Many states allow you to enforce a judgment by executing (or collecting) on any property owned by the defendant, including vehicles. Although the precise legal term may vary, it is usually referred to as a "writ of execution" or something similar.

    7

    Provide the county sheriff with a certified copy of the writ of execution. The sheriff will then serve the writ on the debtor. Once the document has been properly served, your lien is perfected, or attached. Some states then allow you to actually seize the motorcycle and sell it, while others only allow you to attach the lien. The lien will then require the debtor to pay the judgment in full before selling the motorcycle.

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