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Iowa Waiver of Lien by Automobile or Car Mechanic

Category:
Liens - Construction - Mechanics
State:
Multi-State
Control #:
US-01793BG
Format:
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.

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

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FAQ

Pursuant to the section (b), "A mechanic's lien may be discharged at any time by submitting a bond to the administrator in twice the amount of the sum for which the claim for the lien is posted, with surety or sureties, to be approved by the administrator, conditioned for the payment of any sum for which the claimant ...

A lien attaches on real estate in Iowa when a support order or Notice of Lien from another state is filed with the Clerk of Court where the real property is located. When the person ordered to pay support owns property in another county in Iowa, the order can be transcribed to the other county.

How to Fill Out The Conditional Final Payment Waiver Form Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. ... Name of Customer. ... Job Location. ... Owner. ... Maker of the Check. ... Amount of the Check. ... Check Payable To. ... Exceptions.

Iowa not only requires a legal description of the property to be charged with the lien but also requires the address of the property (or a description of the location of the property if there is no address) and the tax parcel identification number.

Both conditional and unconditional lien waivers will be considered as valid and enforceable, as long as the waiver is clear and intended by both parties. Iowa has no requirement that a lien waiver must be notarized.

PREPARING THE IOWA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

The lien lasts for two years and 90 days. Any action to enforce a mechanic's lien shall be brought within two years from the expiration of ninety days after the date on which the last of the material was furnished, or the last of the labor was performed.

Iowa is unique in its timing requirements for filing a mechanics lien. For full protection, an Iowa mechanics lien should be filed within 90 days after the date of last furnishing labor and/or materials to the project.

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