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 the sum due with respect to that particular piece of property.
The following form creates a lien on automobile parts and motors for charges incurred by the Machine Shop for its services and charges in repairing and/or rebuilding the items. Upon failure by Customer to pay all charges for repairing or rebuilding the items, Machine Shop may sell the items by public or private sale, and the net proceeds of such disposition, after deducting all expenses of Machine Shop, shall be credited against the total amount owed by Customer to Machine Shop.. Machine Shop may purchase any of the items at any public or private sale by simply bidding its debt and expenses. No money need change hands, but a record should be kept detailing the date of the sale, the amount paid and the items sold and purchased.
Alabama Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges - Car or Automobile
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How to fill out Authorization For Lien And Sale For Nonpayment Of Repair And / Or Parts Charges - Car Or Automobile?
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FAQ
How does a creditor go about getting a judgment lien in Alabama? To attach the lien, the creditor registers the judgment with the office of probate court in any Alabama county where the debtor owns property now or may own property in the future.
Once the lien has arisen, it will continue until the liability for the amount assessed is satisfied, released or becomes unenforceable by reason of lapse of time (i.e. 10 years from the date the lien is filed) (Code Sections 40-1-2, 40-29-20, and 49-29-21).
Alabama law provides for two types of liens: an ?unpaid balance? and a ?full price? lien. An unpaid balance lien extends only to the amount of any unpaid balance due the contractor by the owner or proprietor. In contrast, a full-price lien allows the furnisher of materials to have a lien for the full price thereof.
Notice Of Intent. All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning.
Alabama requires subcontractors and materialmen to deliver a notice of their intent to file a lien to the owner before filing the lien. General contractors who have a direct contract with the owner may not be required to provide this notice.
Original contractors must file the verified statement of lien within six months after the last of item of work has been furnished. Ala.
Enforcing a Mechanic's Lien in Alabama The most common method is to foreclose on the lien, which involves the sale of the property in order to satisfy the debt owed to the contractor or supplier. However, foreclosure can be a complex and costly process, and it may not always be the best option.
