a lawyer has lein on my car what do i do

If your lawyer can prove one of those things to the lienholder’s satisfaction, then the lienholder may remove the lien. If not, the lien is going to stay. And if the lien is still there when you settle your case, your lawyer is going to have to pay the lienholders first.

Full Answer

Who is the legal owner of a car after a lien?

Once the debt is repaid, the lender should release the lien and transfer title of the car to you. That makes you the legal owner of the car. Obviously, the way most people do this is by making their monthly payments for the duration of the loan.

What to do with a junk car with a lien?

If you need another vehicle, you may think about taking your junk car to a dealership and using it as a trade-in. The dealer will work directly with your lender to resolve the lien on the vehicle. Dealerships often don’t give much for trade-ins, and the worse the condition of your car, the less they’ll give you.

Can I get a lien off my car accident case?

Unfortunately, once a lien is on your case, it is usually there to stay. The only way to get a lien off your case is to prove that it shouldn’t have been put there in the first place -- either because you don’t owe the money or because the insurance payments in question did not relate to the injury for which you are suing.

What to do if there is a mechanic’s lien on your property?

Keep in mind that the laws surrounding mechanic’s liens vary widely from one state to the next, and even from one county to the next. If a lien is filed on your property, your best course of action is to consult a construction or real estate attorney in your jurisdiction with experience in removing mechanic’s liens.

How do you satisfy a lien?

Here are some ways to remove a lien from your property.Paying Off the Debt. If you pay off the underlying debt, the creditor will agree to release the lien. ... Negotiating a Partial Payoff. ... Asking the Court to Remove the Judgment Lien. ... Wait for the Statute of Limitations to Expire. ... Filing for Bankruptcy.

How do I sell my car with a lien in California?

Selling a Car with a LienFind out how much the vehicle is worth. ... Find out how much you owe. ... Sell to a dealership. ... Get a quote from a dealership. ... Transfer the loan to the buyer. ... Use an escrow service. ... Refinance with a local lender. ... Meet with the buyer and lienholder.More items...•

Can I register a car with a lien on the title in NY?

Yes, you can transfer a NY title with a lien listed on it The NY DMV will accept the title and proof that lien was satisfied when the new owner/your buyer will register and apply for a title.

How do I remove a lienholder from my car title in California?

In Person - You may turn in your documents either at a State of California DMV branch office or a privately owned local DMV service provider and pay fees there. Visiting a local DMV service provider is a fast way to remove a lien from your title.

Can you get a title on a car that is not paid off?

In order to be able to use your unpaid vehicle to get a title loan, the vehicle itself must have enough equity and you must have a reliable source of income. Title loans are known to come with flexible qualification requirements, so a lot of vehicles are accepted as collateral.

How do I remove a lien in NY?

To remove a lien, you do not need to go to your local DMV. Just mail these items: proof that the lien was satisfied (must be the original - photocopies are not accepted) your current title certificate (must be the original – photocopies not accepted)

Can you sell a car with a lien in NY?

New York State has a series of steps that need to be followed to accomplish this. You also can sell a car with the lien still attached and leave it up to the new owner to file the paperwork. However, the new owner then risks having the lien transferred to his title.

Can I sell my car without a title?

Since, in most cases, it's illegal to sell a vehicle without a title, you'll need to acquire one before transferring ownership. If your title is lost or destroyed, simply apply for a replacement copy at your local department of motor vehicles (DMV).

How to remove a lien on a car?

Once you have satisfied your car loan, you will be eligible to have the lien released from your car title. The steps to complete a lien removal vary by state but you can expect to work directly with your: 1 Car loan lender. 2 Your local DMV or motor vehicle governing office.

Can a car title be released from a lien?

In order to keep you from acting as the legal owner of the car - and to protect their interests - your lender will put a lien on your car title. Once you have satisfied your car loan, you will be eligible to have the lien released from your car title.

Can you take out a car loan and still own it?

When you take out a car loan your car isn't technically yours until you completely pay off the auto loan. Instead, your lender is considered the legal owner of the car until you no longer owe money on the loan. In order to keep you from acting as the legal owner of the car - and to protect their interests - your lender will put a lien on your car title.

How to remove a lien on a car?

How do You Remove a Lien? The most straightforward way to remove a lien from your car is to pay off your loan in total. Once the debt is repaid, the lender should release the lien and transfer title of the car to you. That makes you the legal owner of the car.

How to get rid of a lien on a junk car?

Head to Your Lender’s Office. Your lender may negotiate with you or the buyer to help you remove the lien on your junk car. The best way to conduct negotiations is to have everyone meet at the lender’s office. This way, all three parties can discuss what needs to be done to remove the lien and complete the sale.

What is a Lien on a Car?

When you buy a car with a loan, you won’t be registered as the owner or lien-holder of the car. On the title to the car, someone else will be listed as the owner.

What happens if you sell your car before you pay back the loan?

What happens if you need to sell your car before you’ve paid back the loan amount? If you bought a used car, it may become a junk car before you can pay back the loan in full. There are a few ways to remove the lien and sell your car if you can’t settle the debt right now.

Can you take a junk car to a dealership?

If you need another vehicle, you may think about taking your junk car to a dealership and using it as a trade- in. The dealer will work directly with your lender to resolve the lien on the vehicle.

Can you repossess a car if you default on a loan?

It gives your lender legal ownership of the car until you pay off your loan. This gives the lender the right to repossess your car if you default on your loan. You can think of a lien as a kind of guarantee for the lender. Since they “own” the car until the loan is repaid, they can still recoup the debt even if you default on the loan.

Can the buyer or seller pay back a lien?

This usually means paying back the loan, but either the buyer or the seller can pay.

Introduction

Sometimes a creditor who successfully sues you on a debt will place a lien on your vehicle to "secure the judgment." They do this by filing a document with the Maine Secretary of State's office where vehicle registrations are recorded.

What if they refuse to remove the lien?

If the creditor refuses to remove the lien even after you’ve taken all the necessary steps above, it may be time to take more formal legal action.

How do I find the "Blue Book" value of my vehicle?

You can visit the Kelly Blue Book website and follow the link to "My Car's Value." This value lookup service is free to use.

What if I have other questions about filling out the form?

Contact one of our offices or feel free to ask questions using our feedback form. Find "feedback" link at the bottom of this page. We cannot advise you about your legal case via e-mail but we can give you tips on using the website and our website resources.

When is a lawyer required to withdraw?

Required Withdrawal: A lawyer is required to withdraw if representation violates the law or any of the Rules of Professional Conduct, if he’s physically or mentally incapable of representing the client, or if the client discharges him.

What happens when an attorney is discharged?

When an attorney is discharged and/or allowed to withdraw from a case, he still maintains the duty to protect his former client’s interests through the transition to new counsel, including providing case file information to the new attorney.

Can a lien be denied if you fail to pay?

Whether you’ve failed to pay him or not, your attorney is still ethically obligated to avoid prejudicing the interests of your case. This basic rule applies very differently depending on the circumstances, but if the lien might hurt your chances in court, there is a higher likelihood that it will be denied.

Can an attorney withdraw from a case on the eve of trial?

Permissible Withdrawal: Withdrawal is also allowed for many reasons so long as there is no harm done to the client’s interests – so an attorney who wants to withdraw on the eve of trial will likely need to state an extremely good reason for doing so.

Can an attorney file a notice of lien?

If those requirements have been met, the attorney can then file a notice of lien, setting forth exactly what he thinks he’s entitled to and his request as to how he’ll receive it.

Can an attorney file a lien on my fees and costs?

Your attorney’s ability to file a lien for his fees and costs may hinge, among other factors, on whether his withdrawal was reasonable. If, for example, he withdrew from your case without giving a reason (or because he decided to become a professional golfer instead), and his withdrawal damaged your case, the court may well support you in your decision not to pay him for the work he did. If, however, his withdrawal was necessary or reasonable and if the court approved the withdrawal, it is likely that he will be able to recover reasonable fees and costs for the work he did, according to the terms of your contract.

Lars A. Lundeen

The insurance company will want to have you sign over the title to the vehicle. They will also probably want to issue a separate check to the lienholder. How this whole thing will be accomplished should be spelled out and understood by you and the insurance company, so there are no ugly surprises. Discuss this issue with the property adjuster.

Abdul Jaiteh

The insurance will pay the loan from the total loss value of your car. If there is a balance after the loan is paid, you will get the balance. But if you are upside down on the loan (loan more than market value of car) then all the total loss settlement check goes to the loan company...

Richard Todd Rosenstein

If you are totaling the car and you are not keeping the salvage, the insurance company will want the title. You can request that the insurance company pay the lien holder and send you the excess. If not, the total check would be sent to the lien holder and you would be entitled to a refund of the excess. More

Jennifer H. Seate

Your company is ususally mandated per the auto policy to pay the lienholder. However, since there is a lien you do not have a title. Typically the insurance company has you sign a limited power of attorney for purposes of finalizing the title when they pay off the car.

Ronald William Slonaker

Typically the insurance company will want the title signed over to them and will make the check payable to the lien holder and you, or issue two checks, one to the lien holder and one to you. You will need to release the car from storage if towed and sign an odometer statement and perhaps a power of attorney.

What Can You Do About a Lien?

The only way to get a lien off your case is to prove that it shouldn’t have been put there in the first place -- either because you don’ t owe the money or because the insurance payments in question did not relate to the injury for which you are suing. If your lawyer can prove one of those things to the lienholder’s satisfaction, then the lienholder may remove the lien. If not, the lien is going to stay.

What happens when a lien is settled?

Once the case is settled, your lawyer will have no leverage to get the lienholder to possibly reduce the lien. Another way of putting this is, once the case is settled, a lienholder will have no reason to agree to reduce its lien.

What happens if you go to trial and lose?

If you go to trial and lose, you get no money, and the lienholder also gets nothing.

What happens if you owe someone money?

Finally, if you owe someone money, that person or business might be able to go to court and have a judge authorize a lien on your case.

Where do lien payments come from?

Liens can come from any number of sources. Here are just a few: unpaid federal or state taxes. un paid child support. unpaid medical bills. Medicare or Medicaid payments for injuries suffered in the underlying accident. payments made by a health insurer for injuries suffered in the underlying accident.

Can a personal injury lawyer negotiate with a lienholder?

But when a seasoned personal injury lawyer has the wherewithal to negotiate with the lienholder before settling your case, now you have some leverage over the lienholder. If you go to trial and lose, you get no money, and the lienholder also gets nothing. So, if your lawyer can convince the lienholder that your case isn’t a "slam dunk," the lienholder will often agree to compromise its lien -- take less than they're legally entitled to receive -- in order to make sure that it at least it gets something.

Can Medicare lien on personal injury settlement?

If your health insurer, Medicare, or a Medicaid agency paid to treat your injuries, they may have a lien on your personal injury settlement.

How to respond to a mechanic's lien?

First, if a subcontractor or supplier filed the lien, you should check your contract with the general contractor. The contract might require that the general contractor keep the property "lien free," meaning it's the contractor's responsibility to settle the lienor's claims. You should immediately notify the contractor, letting the contractor know that this current situation is unacceptable.

What Is a Mechanic's Lien?

A mechanic's lien is a document that can be publicly filed by a person or entity that improves real property, when they believe that they were not fully compensated for their work. Usually, contractors, subcontractors, or material suppliers will file liens; although architects and engineers can file them as well, in certain situations.

How much was the mechanic's lien on ABC Plumbing?

You paid your final bill but then found a certified letter in your mailbox: a mechanic's lien had been filed by ABC Plumbing, Corp. for $8,000. It's a company you've never even heard of, which claims that the general contractor never paid it in full.

Why do construction companies have liens?

Liens can give bargaining power to small construction companies, for example, to ensure that big owners, developers, or contractors do not cheat them. At the same time, liens can cause aggravation for owners, sometimes unjustly.

Where do you file a lien?

Liens are typically filed in the clerk's office of the county where the property is located, and thus are publicly available. They represent a cloud on your title to the home. In other words, a lien indicates to the world that the lienor has a legal interest in the property in the amount of the lien.

Can a contractor fight a lien?

Often, contractors might be willing to settle for a lower amount of money rather than maintain a lien and enter into a lengthy legal battle. Finally, you could choose to fight the lien. In other words, you could file a lawsuit to vacate or remove the lien from the property records, arguing that the lien is invalid.

Do you have to remove liens on a house?

As a homeowner, you certainly want to remove liens from the title of your property as quickly as possible. They represent a liability and a legal risk. Liens will impede any efforts to refinance your home, and will also make it difficult if and when you want to sell.

Introduction

See more on creditkarma.com

What If They Refuse to Remove The Lien?

How Do I Find The "Blue Book" Value of My Vehicle?

What If I Have Other Questions About Filling Out The form?

• Sometimes a creditor who successfully sues you on a debt will place a lien on your vehicle to "secure the judgment." They do this by filing a document with the Maine Secretary of State's office where vehicle registrations are recorded. But if your vehicle is worth $7,500 or less, the creditor must remove the lien if you ask properly. This is also t...

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