Can an RV service repair man file a lien against an RV that I no longer own?
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Can an RV service repair man file a lien against an RV that I no longer own?
I had an RV service man come out and do some work on my RV. To make a long story short he falsified his invoice and I refused to pay it. He has now sent me a demand letter threatening to put a lien on my RV. About 2 weeks after the work was done I sold the RV. Can he still place a lien on it even though it is no longer my property. Also, the RV was registered to me in WA, and now the RV is registered to my Dad in AZ.
Asked on June 30, 2011 under Bankruptcy Law, Washington
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
He cannot place a lien on a property you no longer own. He did some work and is now merely threatening to place lien. Unlike a traditional mechanics' lien on the property you own, he is now going to need to file suit, prove his case, prevail in court, and then seek the judgment through attachments, garnishments and other forms of liens. At this point, you are at the beginning of the process. If he threatens you again, you explain that he will need to seek a judgment to obtain the property. Further, he will need to prove that his invoice is correct and not falsified. Try the following. Research mechanics liens in your state and see what the specific statutory requirements are for mechanics liens. If he doesn't comply, the lien can't stand anyway.
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