What Lien Form Do I Need for Storing A Camper?
Full Question:
Answer:
A lien is a claim to property for the payment of a debt, typically one connected to the property. It is the right to retain the lawful possession of the property of another until the owner fulfills a legal duty to the person holding the property, such as the payment of lawful charges for work done on the property. The right of lien generally arises by operation of law, but in some cases it is created by express contract. There are two kinds of liens; particular and general. When a person claims a right to retain property, due to money or labor invested in that property, it is a particular lien. Liens may arise by express contract; from implied contract, as from general or particular usage of trade; or by legal relation between the parties, such as created with common carriers and inn keepers. In certain circumstances, the lien holder may foreclose on the property if the debt is not paid in full.
To create a valid lien, it is essential that the party claiming a lien should have the absolute property or ownership of the thing or, at least, a right to vest it; that the party claiming the lien should have an actual or constructive, possession, with the assent of the party against whom the claim is made; that the lien should arise upon an agreement, express or implied and not be for a limited or specific purpose that contradicts the express terms or the clear, intent of the contract. In certain circumstances, the lien holder may foreclose on the property if the debt is not paid in full. Liens can generally be removed by the payment of the amount owed. This payment can occur at any time up to and including the stage at which the closing documents for the sale of the property are signed.
There are several types of liens, all of which could cloud the title and prevent the seller from conveying marketable title to the buyer. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.
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 TN statutes to determine applicability:
66-19-103. Garagekeeper's or towing firm's lien.
(a)(1)(A) Garage-keepers or establishments substantially in
the business of towing vehicles for hire, pursuant to the
provisions of title 55, chapter 16, hereinafter referred to
as "towing firms" shall be entitled to a lien upon all
vehicles, which lawfully come into their possession and are
retained in their possession until all reasonable charges
due are paid. A garagekeeper may, after thirty (30) days,
enforce this lien in the manner prescribed for the
enforcement of artisans' liens under §§ 66-14-102
— 66-14-106, except the garage-keeper shall only be
required to advertise the sale one (1) time in a newspaper
published in the place where the sale is to be held.
(B) If the motor vehicle, including any associated rental
equipment, clearly identifies the rental company and a
garagekeeper or towing firm lawfully comes into possession
of the vehicle and any associated equipment, then the
garagekeeper or towing firm shall notify the rental company
at the address identified on the vehicle or associated
equipment within three (3) working days of taking
possession of such vehicle or equipment by registered mail
return receipt requested.
(2) The commissioner of commerce and insurance or the
commissioner's designee shall notify the commissioner of
safety of violations of subdivision (a)(1). Upon receiving
such notice, the commissioner of safety shall suspend any
contract that the state may have for towing services with
the garagekeeper or towing firm for a period of sixty (60)
days or notify the appropriate authority to suspend all
such contracts with the state.
(3) In addition to any other penalty provided for violation
of this section, a violation of subdivision (a)(1) shall
also be a violation of title 47, chapter 18, part 1, and
the rental company may seek relief under that statute.
(4) A garagekeeper or towing firm may not collect any
storage or related fees for any period of time in which the
garagekeeper or towing firm was in violation of
subdivision (a)(1) with respect to a motor vehicle or
associated equipment.
(5) The commissioner of commerce and insurance is
authorized to promulgate rules and regulations to
effectuate the purposes of this subsection (a) in
accordance with the provisions of the Uniform
Administrative Procedures Act, compiled in title 4,
chapter 5.
(6) The provisions of subdivisions (a)(1)(B) and (a)(2)-(5)
and § 55-16-112 shall not apply to new or used motor
vehicle dealers licensed under title 55, chapter 17,
part 1.
(b) For purposes of this section, "garagekeeper" means any
operator of a parking place or establishment, motor vehicle
storage facility, or establishment for the servicing,
repair or maintenance of vehicles.
(c) No person, firm, or entity shall have a right to a lien
on any vehicle that has been towed without authorization of
a police department or the owner of the vehicle or where
the vehicle has been towed in violation of any provisions
of title 55, chapter 16.
(d)(1) Any authorization made by a police department to tow
a vehicle shall be made in writing. Such authorization
shall include:
(A) The name of the officer giving authorization;
(B) The year, make and model, and color of the vehicle to
be towed;
(C) The reason for the tow;
(D) The license plate number, if any; and
(E) The vehicle identification number, if it is
ascertainable.
(2) A copy of such authorization shall be posted with the
vehicle by the officer giving authorization, and shall
remain with the vehicle until the vehicle is claimed by the
owner.
(e) No person, firm, or entity, unless licensed and
regulated under title 55, chapter 17, part 1, shall have a
right to a lien against a lienor, who is also the seller of
such motor vehicle or who retains title under a
title retention or conditional sale agreement, for repairs in
excess of two hundred fifty dollars ($250) made on such
motor vehicle, unless the person, firm or entity making the
repairs has received a written authorization from
lienor/seller to make such repairs on the motor vehicle.
66-14-102. Notice to persons interested.
(a) The artisan shall give a written notice to the person
for whose account the goods were repaired, and to any other
person known to the artisan who claims an interest in the
goods. This notice shall be given by delivery in person, or
by registered mail addressed to the last known place of
business or abode of the person to be notified.
(b) Artisans, other than entities licensed and regulated
pursuant to title 55, chapter 17, shall make reasonable
inquiry to identify parties claiming an interest in the
goods and shall give written notice to such parties as
provided in subsection (a).
(c) In the event the goods are motor vehicles or other
goods requiring certificates of title pursuant to title 55,
"reasonable inquiry" as required by subsection (b) shall be
satisfied by an inquiry of the title and registration
division of the department of revenue or a county clerk as
agent for the division to determine the interest of all
title owners and all lienholders.
