South Carolina Notice of Lien by Owner of Auto or Car Repair Garage and Notice of Sale

State:
Multi-State
Control #:
US-02267BG
Format:
Word; 
Rich Text
Instant download

Description

This lien is a mechanic's lien to secure payment for work and materials in repairing an automobile or other motor vehicle. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(§ 29-5-430). The owner of property on which labor is being performed or material furnished may protect himself from the imposition of a mechanics' lien by giving notice in writing of his non-responsibility for the payment of such work to the person performing or furnishing such labor or materials. (§ 29-5-80).

A South Carolina mechanics lien is only valid for six (6) months. Unless it is extended, you will need to enforce your lien claim within this deadline. If you get paid, it's a good idea to file a lien release form to discharge your lien claim.

At any time after service and filing of the statement required under Section 29-5-90 the owner or any other person having an interest in or lien upon the property involved may secure the discharge of such property from such lien by filing in the office of clerk of court or register of deeds where such lien is filed his ...

A Notice of Intent to Lien (NOI) is a document sent to notify certain parties on a construction project of the consequences of non-payment. An NOI is a warning that if payment isn't made, the claimant intends to file a mechanics lien.

South Carolina requires payment to be made first, and that the lien waiver should be in writing. Both conditional and unconditional lien waivers are allowed, as long as the payment associated with the waiver has been met. South Carolina has no requirement that a written lien waiver must be notarized.

PREPARING THE SOUTH CAROLINA 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.

SECTION 29-5-15. Filing requirements; penalty for frivolous lien. (A) To file a mechanics' lien, a contractor must provide the county clerk of court or register of deeds proof that he is licensed or registered if he is required by law to be licensed or registered.

With South Carolina ELT and its connection with the South Carolina DMV, finance companies that receive a vehicle payoff will be able to release the lien on the vehicle through the SC ELT system. Upon lien release, titles will stay in electronic form, but can be printed if you choose.

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South Carolina Notice of Lien by Owner of Auto or Car Repair Garage and Notice of Sale