Full question:
What is the title of the correct legal document to use for dismissal of an invalid car lien before the court?
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: Montana
Answer:
I assume you want to remove an "invalid" lien from your car. You have a couple of issues to consider. First, whether or not the lien is really invalid. Does the lien holder (the person who filed the lien against you) agree that the lien is invalid or has been satisfied. If so, get a signed statement from him stating the lien has been satisfied. File this whereever the lien has been filed, and do whatever else the filing clerk says you need to do.
If the lien holder does not agree the lien is invalid, you are going to have to pursue a lawsuit. You can't just file something with the court that makes the lien go away. I can't advise you on the exact civil procedure in your court - you should contact a local attorney - but generally you'll have file a petition to remove the lien, and schedule a hearing at which yourself and the lien holder will try to prove whether or not the lien is valid and/or whether it's been satisfied. If the judge rules in your favor, you can most likely bring the judge's order to the office where the lien is filed, and the clerk will remove the lien.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
