Alabama Waiver of Lien by Automobile or Car Mechanic

State:
Multi-State
Control #:
US-01793BG
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Word; 
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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

How to fill out Waiver Of Lien By Automobile Or Car Mechanic?

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FAQ

Hear this out loud PauseThe Alabama Release of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. Alabama law requires that a lien cancellation is filed within 30 days after the lien is satisfied.

Remove a Lien from Your AL Title Complete a lien release online. Gather your current vehicle title. Submit the above to the Motor Vehicle Division by mail at the address listed on the lien release application, or in person at your local office.

Both conditional and unconditional lien waivers are allowed. Alabama has no specific statutory provision prohibiting a waiving of lien rights prior to payment. Alabama has no requirement that a lien waiver be notarized, unless otherwise stated by the hiring party.

The Alabama Release of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. Alabama law requires that a lien cancellation is filed within 30 days after the lien is satisfied.

Hear this out loud PauseGeorgia's lien waiver form does not have to be witnessed or notarized, but it is common to require one or the other in case the party waiving lien rights later claims forgery.

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.

Hear this out loud PauseHow 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.

Hear this out loud PauseAs mentioned earlier, a contractor or subcontractor's failure to obtain proper licensing is a complete defense to any attempt he or she may make to collect a judgment or enforce a lien in a civil lawsuit for non-payment.

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Alabama Waiver of Lien by Automobile or Car Mechanic