What Form is Used to Sell a Vehicle After Being Unpaid for Work Performed On It?
Full Question:
We are in the welding business (incorporated). We recently did some work on a trailer for another corporation and they are over 90 days past due. We recently acquired the trailer from another company and and have it at our shop. We need a form that says to pay up or we will sell the trailer for amount owed.
06/30/2009 |
Category: Civil Actions ยป Liens |
State: Texas |
#17268
Answer:
We can assist you with searching to locate forms or we can draft add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. You can take a look at the forms below and see if they fit your need. If they do not, let me know and we may be able to add a form for your need. You may order a form or package by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
Please see the following TX statutes:
§ 70.001 PROP. Worker's Lien
(a) A worker in this state who by labor repairs an article, including a
vehicle, motorboat, vessel, or outboard motor, may retain possession of
the article until:
(1) the amount due under the contract for the repairs is paid; or
(2) if no amount is specified by contract, the reasonable and usual
compensation is paid.
(b) If a worker relinquishes possession of a motor vehicle, motorboat,
vessel, or outboard motor in return for a check, money order, or a credit
card transaction on which payment is stopped, has been dishonored because
of insufficient funds, no funds or because the drawer or maker of the
order or the credit card holder has no account or the account upon which
it was drawn or the credit card account has been closed, the lien
provided by this section continues to exist and the worker is entitled to
possession of the vehicle, motorboat, vessel, or outboard motor until the
amount due is paid, unless the vehicle, motorboat, vessel, or outboard
motor is possessed by a person who became a bona fide purchaser of the
vehicle after a stop payment order was made. A person entitled to
possession of property under this subsection is entitled to take
possession thereof in accordance with the provisions of Section 9.609,
Business & Commerce Code.
(c) A worker may take possession of an article under Subsection (b)
only if the person obligated under the repair contract has signed a
notice stating that the article may be subject to repossession under this
section. A notice under this subsection must be:
(1) separate from the written repair contract; or
(2) printed on the written repair contract, credit agreement, or other
document in type that is boldfaced, capitalized, underlined, or otherwise
set out from surrounding written material so as to be conspicuous with a
separate signature line.
(d) A worker who takes possession of an article under Subsection (b)
may require a person obligated under the repair contract to pay the costs
of repossession as a condition of reclaiming the article only to the
extent of the reasonable fair market value of the services required to
take possession of the article. For the purpose of this subsection,
charges represent the fair market value of the services required to take
possession of an article if the charges represent the actual cost incurred
by the worker in taking possession of the article.
(e) A worker may not transfer to a third party, and a person who
performs repossession services may not accept, a check, money order, or
credit card transaction that is received as payment for repair of an
article and that is returned to the worker because of insufficient funds
or no funds, because the drawer or maker of the check or money order or
the credit card holder has no account, or because the account on which
the check or money order is drawn or the credit card account has been
closed.
(f) A person commits an offense if the person transfers or accepts a
check, money order, or credit card transaction in violation of
Subsection (e). An offense under this subsection is a Class B misdemeanor.
(g) A motor vehicle that is repossessed under this section shall be
promptly delivered to the location where the repair was performed or a
vehicle storage facility licensed under Chapter 2303, Occupations Code.
The motor vehicle must remain at the repair location or a licensed
vehicle storage facility at all times until the motor vehicle is lawfully
returned to the motor vehicle's owner or a lienholder or is disposed of
as provided by this subchapter.
§ 70.006 PROP. Sale of Motor Vehicle, Motorboat, Vessel, or Outboard
Motor
(a) A holder of a lien under this subchapter or Chapter 59 on a motor
vehicle subject to Chapter 501, Transportation Code, or on a motorboat,
vessel, or outboard motor for which a certificate of title is required
under Subchapter B, Chapter 31, Parks and Wildlife Code, as amended, who
retains possession of the motor vehicle, motorboat, vessel, or outboard
motor for 30 days after the day that the charges accrue shall give
written notice to the owner and each holder of a lien recorded on the
certificate of title. If the motor vehicle, motorboat, vessel, or
outboard motor is registered outside this state, the holder of a lien
under this subchapter who retains possession during that period shall
give notice to the last known registered owner and each lienholder of
record.
(b) Except as provided by Subsection (c), the notice must be sent by
certified mail with return receipt requested and must include the amount
of the charges and a request for payment.
(c) The notice may be given by publishing the notice once in a
newspaper of general circulation in the county in which the motor
vehicle, motorboat, vessel, or outboard motor is stored if:
(1) the holder of the lien submits a written request by certified
mail, return receipt requested, to the governmental entity with which the
motor vehicle, motorboat, vessel, or outboard motor is registered
requesting information relating to the identity of the last known
registered owner and any lienholder of record;
(2) the holder of the lien:
(A) is advised in writing by the governmental entity with which the
motor vehicle, motorboat, vessel, or outboard motor is registered that
the entity is unwilling or unable to provide information on the last
known registered owner or any lienholder of record; or
(B) does not receive a response from the governmental entity with which
the motor vehicle, motorboat, vessel, or outboard motor is registered on
or before the 21st day after the date the holder of the lien submits a
request under Subdivision (1);
(3) the identity of the last known registered owner cannot be
determined;
(4) the registration does not contain an address for the last known
registered owner; and
(5) the holder of the lien cannot determine the identities and
addresses of the lienholders of record.
(d) The holder of the lien is not required to publish notice under
Subsection (c) if a correctly addressed notice is sent with sufficient
postage under Subsection (b) and is returned as unclaimed or refused or
with a notation that the addressee is unknown or has moved without
leaving a forwarding address.
(e) After notice is given under this section to the owner of or the
holder of a lien on the motor vehicle, motorboat, vessel, or outboard
motor, the owner or holder of the lien may obtain possession of the motor
vehicle, motorboat, vessel, or outboard motor by paying all charges due
to the holder of a lien under this subchapter and Chapter 59 before the
31st day after the date the notice is mailed or published as provided by
this section.
(f) If the charges are not paid before the 31st day after the day that
the notice is mailed or published, as applicable, the lienholder may sell
the motor vehicle, motorboat, vessel, or outboard motor at a public sale
and apply the proceeds to the charges. The lienholder shall pay excess
proceeds to the person entitled to them.
