Full question:
BV TRUCKING STORED ITS TRACTORS AND TRAILERS AT A LOCATION IN SAVANNAH, CHATHAM COUNTY, GA FOR THE PURPOSE OF HAVING REPAIRED AND READY FOR USE ON THE ROAD. THE OWNER OF THE COMPANY IN SAVANNAH AND OWNER OF MALVAZIA, WAS A FORMER PARTIAL OWNER OF BV TRUCKING BUT RELINQUISHED HIS OWNERSHIP IN JUNE 2010 DUE TO INSURANCE MATTERS. HE HAS NOW ADVISED ME THAT HE HAS APPLIED A GENERAL LIEN AGAINST THE TRACTORS [2] AND TRAILERS [3] WHICH TRACTORS ARE LEASED TO BV TRUCKING BY S&T HOLDINGS AND HE IS DEMANDING THAT TO RELEASE THIS EQUIPMENT HE REQUIRES A PAYMENT OF $30,000. HE STATES THAT THIS SUM INCLUDES REPAIRS, TIRES PARTS AND STORAGE. THE AMOUNT OF MONEY EXPENDED BY HIM FOR REPAIR, TIRES & PARTS AMOUNTED TO $4,500. PARTS.IS WHAT HE HAS DONE LEGAL?WHAT IS IT THAT I HAVE TO DO TO GET THE USE OF MY TRACTORS AND TRAILERS.
- Category: Automobiles
- Subcategory: Mechanics Lien
- Date:
- State: Georgia
Answer:
The validity of the lien will be determined by the court based on the relevant facts and documents. Generally, a mechanic's lien can be placed on vehicles for unpaid storage or repairs. If the lienholder retains possession of the vehicles or has recorded the lien, you can contest the claimed amount by making a written demand for foreclosure. If the lienholder does not initiate foreclosure proceedings within ten days (if possession is retained) or thirty days (if possession is surrendered), the lien is forfeited.
You may file a petition for a hearing to dispute the debt. Under Georgia law (O.C.G.A. § 40-3-54), mechanics have a special lien on vehicles for work done or materials provided. If the lien is recorded or possession is retained, the owner can contest the amount claimed by demanding action from the lienholder. If the lienholder fails to act within the specified time, the lien is forfeited.
To proceed, you should make a written demand to the lienholder and monitor their response. If they do not comply, you can petition the court for a hearing to resolve the matter.
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.