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non franchise mechanic lein question

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  • non franchise mechanic lein question

    Have a truck in the shop that has been going thru phases of work.

    Customer agreed to all of them and signed work orders for each.

    I agreed to allow inside storage during entire time.

    The final phase has been ready to begin for 3 weeks but they haven't paid for the previous phase yet.

    I am not able to continue to sit on the parts that have been paid for and installed by me without some sort of payment back towards previous phase. I'd be out of money if I did and cannot outright sell them as open box parts.

    I have called, emailed, snail mailed and told their friends for them to contact me.

    It is now taking up space and I'm not sure where to go.

    Is a mechanic lein my only option? Its approaching the 30 day mark of completed phase.

    I've never done a lein like this.

    Thanks

  • #2
    Shoot me your e-mail address and I will send you the paperwork that I have used in the past to file leins. There are also services that will do it for you. Try sending a certified letter to the customer demanding action first.
    Magnus, I am your father. You need to ask your mother about a man named Calvin Klein.

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    • #3
      Sent.. Thanks

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      • #4
        How long has it been since last payment?

        30 days isnt shit in the business world as far as payment due imho. Customers pay for parts up front, labor is due upon pickup? Is this how you are doing it?

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        • #5
          Strongly worded email/letter/voicemail with "....as of this date storage fees will be charged at $xx.xx per day" somewhere in there usually gets their attention.

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          • #6
            Last phase completed on the 16th I believe.

            In the first phase we took a deposit for parts, second phase we did not.

            635.xx in parts that were needed and roughly 770 in labor/fabrication.

            I just want to do it correctly.

            Unresponsive to firm letter/email/messages.

            I know their not in jail or deceased as I've been told they were out and about.

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            • #7
              Sorry.. $1,635.xx in parts.

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              • #8
                Also, I would have my big customers sign a "Statement of Work" before I would begin work. It usually had verbiage that covered this sort of issue (parts expenses, labor, invoicing and payment requirements, storage fees) so my ass was covered and I could facilitate reparations quickly. I've never had to go the legal route, thankfully. Probably because I'm a scary motherfucker.

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                • #9
                  Have a repair/ build summary signed and dated by us and them.

                  Also denotes possible and recommended parts/repairs/labor that might occur.

                  Is that what you're referring to?

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                  • #10
                    Sure. Anything that lays out parameters of the planned work, as well as consequences for not holding up their end of the bargain and SOP for jobs left incomplete. Gotta cover your ass, people are shysters.

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                    • #11
                      Why not go online to the TXdmv website and obtaine documents to file for a LIEN
                      I'm not sure if texas requires you to send a notice once the paperwork is filed and the owners have 30days to redeem

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                      • #12
                        Oops.. Yea VTR-265-M Mechanic Lien Foreclosure is what I've started with.

                        Just curious if the phases of work will apply under this form.

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                        • #13
                          To top things off, we just found out their is a loan out on the truck.

                          So now what?

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                          • #14
                            If you are successful in obtaining a mechanical lean than bank will have to satisfy it before they sell it

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                            • #15
                              Originally posted by 034V View Post
                              To top things off, we just found out their is a loan out on the truck.

                              So now what?
                              Continue with the lien process and send a notice to the lien holder. Make sure it is sent certified mail, send them an invoice and wait for a call / call them. What's the name of the lien holder ?

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