Massachusetts Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges - Car or Automobile

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Description

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.

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FAQ

Laws, cases and web sources on mechanics' lien law. A builder, contractor, or subcontractor can record a mechanic's lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.

Within 90 days of recording the statement of account, a lawsuit must be filed against the property owner to enforce the lien. If suit is not timely filed, the lien is automatically dissolved. An attested copy of the complaint (lawsuit) must then be recorded at the registry within 30 days of filing the complaint.

A builder, contractor, or subcontractor can record a mechanic's lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.

The following documents are required for a transfer of ownership for an abandoned vehicle: Bill of sale from the government entity selling the vehicle which states the statute allowing the sale. Affidavit of fact if vehicle details are not listed on the bill of sale.

When is the deadline to file a Massachusetts Mechanics Lien? 120 days after the lien claimant last furnished labor or materials to the project.. The lien is allowed to be filed prior to the filing of a Notice of Substantial Completion or Notice of Termination.

The Motor Vehicle Owners' Right to Repair Act guarantees every car owner's right to have their vehicle serviced at the repair facility of their choice, this was the Auto Care Association's principal policy objective for many years.

The lien discharge bond must be issued by a surety company authorized to do business in Massachusetts. The bond must be written in an amount equal to the lien to be dissolved. The obligations must guarantee payment of any sum which the lien claimant may recover on his claim for labor or labor and materials.

A Notice of contract needs to be recorded in the registry of deeds in the county where the property is located. The lien claimant that does not have a contract with the property owner is required to send the notice to the property owner via certified mail.

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Massachusetts Authorization for Lien and Sale for Nonpayment of Repair and / or Parts Charges - Car or Automobile