Hawaii Waiver of Lien by Automobile or Car Mechanic

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Multi-State
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US-01793BG
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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.

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FAQ

In California and Washington, the laws against unlicensed contractors are very strict ? unlicensed contractors have no recovery rights whatsoever. This means they cannot file a lien, or a lawsuit, or anything at all.

Petition a Washington State superior court or district court to have us remove the lienholder and issue you a clear title. You'll need to show the court proof that you've paid the lienholder in full. The court order will need to identify your vehicle by year, make, model, and vehicle identification number (VIN).

About Hawaii Final Unconditional Lien Waiver Form Signing this waiver signifies that payment has been received and no further payments are expected following the payment described in the waiver. Because this hi lien waiver form is unconditional, it should only be used when payment has actually been received.

If any supplier of materials, a worker or subcontractor is not paid, a lien may be filed against your property to force you to pay the debt. You could end up paying twice for the same work. Or worse, an unpaid lien could lead to foreclosure on your home.

A Washington mechanic's lien is effective for 8 months after the date of recording/filing. You can enforce action on the lien within this time period. The lien expires when you fail to take action in enforcing the lien after the eight months have passed.

Essentially, the plaintiff becomes a creditor, with the right to certain types of property in order to pay the judgment amount. In the state of Washington, a judgment lien will remain attached to a person's property for ten years.

Illinois sets a rule that filing a mechanics lien must be at the latest within four months after the completion of work provided to be good against the owner, any lien claimants or subsequent owners.

Any person who furnishes labor (prime or subcontractor) or materials (material supplier) for your home improvement or renovation project and is not paid can file a claim (lien) in Circuit Court against your property under Hawaii Revised Statutes ("HRS") Chapter 507.

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Hawaii Waiver of Lien by Automobile or Car Mechanic