Idaho Waiver of Lien by Automobile or Car Mechanic

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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 Idaho, the claimant must file the lien within 90 days after providing the labor, supplies or materials. The lien must be enforced within 6 months of filing. The deadlines for mechanic liens cannot be extended and must be met to make the claim valid.

Ing to the mechanics lien law, after your notices are served timely the lien must be filed in the county recorder's office in the county where the property is located. The lien may either be served by certified mail, return receipt requested, or personally served on each of the parties.

A Notice of Intent is important because it gives the opportunity to resolve a lien claim before it is filed. Notices of Intent should be filed when a balance is due, and when you are preparing to file a lien, giving the owner a chance to resolve the issue.

Remove a Lien from an Idaho Title The lienholder must send the following to the Idaho DMV: A verified copy of the title showing the lien release. A separate lien release (or other statement) and a photocopy of the vehicle title. A list of the vehicle titles whose liens have been satisfied AND a letter of explanation.

Once a contractor files for a lien, there are only two things you can do: Pay them what you owe or don't. If you make the necessary payments, the court will release or cancel the lien. If you don't pay, the contractor will start the foreclosure process on your property.

General and subcontractors on a construction project in Idaho are generally required to be licensed in order to claim a valid mechanics lien, subject to certain exceptions.

It is filed in the county court where the property is located. The lawsuit documents must be served on all of the defendants involved. Defendants are allowed enough time to respond to the complaint. In Idaho, the claimant must file the lien within 90 days after providing the labor, supplies or materials.

Idaho's lien law can be found in Idaho Code Title 45, Chapter 5. Under this law, when you hire a contractor to do construction work for you, that contractor has a right to secure payment for labor and materials by placing a lien on the property being improved.

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Idaho Waiver of Lien by Automobile or Car Mechanic