Live in Wa state & fixed a car for a gentleman who got deported to Mexico & I am left with the car & no payment. Lien???

Bankruptcy and Debt 4 views 1 answers
I am not a licensed mechanic. I did give him an estimate on the repairs. I would like to sell the car and get some of my money back on the repairs. Plus I want the car gone. I do not have the space to store a vehicle and he may never come back. Please advise what type of lien I could file. My email is [email protected]

Attorney Answer

1
Erin Mcaleer ·
RCW 60.08.10 states: Every person, firm or corporation who shall have performed labor or furnished material in the construction or repair of any chattel at the request of its owner, shall have a lien upon such chattel for such labor performed or material furnished, notwithstanding the fact that such chattel be surrendered to the owner thereof: PROVIDED, HOWEVER, That no such lien shall continue, after the delivery of such chattel to its owner, as against the rights of third persons who, prior to the filing of the lien notice as hereinafter provided for, may have acquired the title to such chattel in good faith, for value and without actual notice of the lien. WAC 308-56A-310 provides the steps for obtaining a certificate of title so you can sell the vehicle. (1) What is a chattel lien? For the purposes of this section a chattel lien is a process by which a person may sell or take ownership of a vehicle when: (a) They provide services or materials for a vehicle at the request of the registered owner; and (b) The person who provided the services and/or materials has not been compensated. (2) What documents are required to obtain a certificate of ownership for a vehicle? The required documents include: (a) A completed Vehicle/Vessel Chattel Lien Sale Affidavit form provided or approved by the department; and (b) A certified copy of the lien filing that is filed with the county auditor; and (c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and (d) Affidavit of service by mail; and (e) Application for certificate of ownership; and (f) Other documents that may be required by law or rule. (3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A Washington court order is required when: (a) Someone other than the owner of record requested the services and/or materials; or (b) There is no record of the vehicle on file with the department. Your other option is to call a licensed tow truck who is willing to pick-up abandoned vehicles. The tow truck operator will follow the statute by sending the required notices to the last known address of the vehicle owner, and if the owner doesn't respond the tow truck operator will follow the correct procedure to sell the vehicle to cover the tow and storage costs incurred by that tow operator. I hope this helps.
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