Pennsylvania 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 Pennsylvania, an action to enforce a mechanics lien must be initiated within 2 years of the date of filing the lien claim. This deadline may not be extended, and failure to meet the deadline results in the lien becoming unenforceable.

Yes, however, there are exceptions. A direct contractor is allowed to waive lien rights prior to furnishing work own residential projects when the residence is not more than 3 stories tall.

A Pennsylvania mechanics' lien places a hold on the title to property. A mechanics' lien appears on any title search of the property. If an owner wants to sell the property at some point in the future, a title search will immediately alert a buyer to the lien claim.

A Pennsylvania Notice of Intent is a critical step to secure your PA mechanics lien rights on private construction projects. This Pennsylvania lien notice form is required to be sent by all potential claimants who didn't contract directly with the property owner at least 30 days before filing a mechanics lien claim.

Once filed, a Pennsylvania mechanics lien will be valid for a period of two years, unless the property owner provides an extension in writing.

Lien waivers by a general contractor are made by filing a ?Stipulation Against Liens? (Stipulation), often referred to as a ?Stip,? with the prothonotary's office in the county where the project is located. The Stipulation must be in proper form and must be filed and properly indexed to be valid.

The easiest and most effective way to remove a mechanic's lien on your property is to negotiate with the contractor and settle the lien. If you do not want to pay the contractor money you feel they don't deserve, you can negotiate the conditions of payment.

The Pennsylvania Mechanics Lien Release 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. However, they may also be released based on settlements, legal controversies, because they expired, or more.

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Pennsylvania Waiver of Lien by Automobile or Car Mechanic