How to put a lien on a car?

[CapnCrunch]

Does anyone know the steps of putting a lien on a car?

[Kloubek]

Yeah - take the air out of two of the tires.

Seriously - what do you mean? A mechanics lien? A lien against a loan? Explain!

http://www.motifake.com/image/demotivational-poster/small/0904/gangsta-lean-demotivational-poster-1240423559.jpg

[CapnCrunch]

Sorry, its a bit complicated.

Basically the ex-wife and I bought a car back in 06. We divorced, part of the divorce agreement was her paying out the loan with the proceeds from selling our house. Just recently she stopped paying, the loan went to collections. She still has the car.

So I'm about to pay off the entire loan in full to clear it from my credit, but would like to be able to get some money (or the car) back from her. Not the end of the world if I don't, but I'd like to try.

[Kloubek]

How is putting a lien on the car going to help you get it back?

You need to take her to small claims, imo. Then you can get back the money you paid to pay it off, or you get the car.

[lilmira]

Don't think you can put a lien on the car in situation like this unless it's in some sort of a contract.

We lend some money to some guy and he stopped paying back. We are in process of suing the guy now. From what I was told, I can't put a lien on his property.

[CapnCrunch]

Originally posted by Kloubek
How is putting a lien on the car going to help you get it back?

You need to take her to small claims, imo. Then you can get back the money you paid to pay it off, or you get the car.

She lives in the US now. The car is stuck in Canada. I don't know what small claims would do. Wouldn't putting a lien on it mean that I would get paid first if she ever tries to "legally" sell it?

[Kloubek]

Not sure she legally CAN sell it with a lien. So yeah, it would probably protect you in that case.

With the fact she is out of the province, I do wonder how that would work in small claims. Since the car is registered here, I would THINK it could be filed, and she would be responsible for coming back or having a representative (lawyer) on her behalf.

Tough call. I think you need real legal advice here, rather than Beyond speculation...

[CapnCrunch]

Originally posted by lilmira
Don't think you can put a lien on the car in situation like this unless it's in some sort of a contract.

We lend some money to some guy and he stopped paying back. We are in process of suing the guy now. From what I was told, I can't put a lien on his property.

I do have the original loan agreement, a copy of the default notice, and an agreement she signed (with witnesses) that says she would pay it off in full with the money from the house.

Right now Im sure the bank has a lien on it, but if I pay off her debt, the lien is gone right?

[CapnCrunch]

Originally posted by Kloubek
Not sure she legally CAN sell it with a lien. So yeah, it would probably protect you in that case.

With the fact she is out of the province, I do wonder how that would work in small claims. Since the car is registered here, I would THINK it could be filed, and she would be responsible for coming back or having a representative (lawyer) on her behalf.

Tough call. I think you need real legal advice here, rather than Beyond speculation...

Yeah, it's definitely not worth the time for me to pursue, but I'd like to stop her from profiting off of me if possible.

She's a complete idiot. The cars worth 10K, the loan was for 6K, shes not using the car. Her credit is now fucked.

[lilmira]

Not just the loan agreement, I have one too. It has to be on the contract stating that you'll put a lien on the property in case of no repayment. I thought I could put a lien on his property too as long as I can proof that he owes us money. No apparently it doesn't work that way.

[Kloubek]

Yeah... unfortunately yours is too.
Women. :nut:

[CapnCrunch]

Originally posted by lilmira
Not just the loan agreement, I have one too. It has to be on the contract stating that you'll put a lien on the property in case of no repayment. I thought I could put a lien on his property too as long as I can proof that he owes us money. No apparently it doesn't work that way.

We do have spefic agreements about the car though. This isn't just "she owes me money, I'll put a lien on some random piece of property". I dunno, its such a waste of my time. :whipped:

[CapnCrunch]

Originally posted by Kloubek
Yeah... unfortunately yours is too.
Women. :nut:

Well mines okay because I've been talking to the bank, but wtf was she thinking?

[dannie]

^ Putting a lien on a property and a lien on a vehicle, is two very different processes.

OP: To place a lien on the vehicle is simple. Go to the registry, get a financing statement from the clerk, fill it in and file the lien against the vehicle. The clerk is not required to see any documentation for this (scary eh?). When you pay out the loan, the lending company will remove their lien.

If you place the lien, you can go to court and get a court order to seize the vehicle. (Small Claims Court btw).

As far as selling the vehicle goes, she can sell it. There is no reason why not. The issue then becomes the buyers. It is up to a buyer to ensure the vehicle they are buying is free and clear of any liens.

So, as a scenario, lets say you register a lien on the car. She sells it to Joe Blow who in turn does not do a lien search. You go to court and get a court order stating you may seize the the vehicle. Joe Blow now is out the $ and has no vehicle.

[Kloubek]

As Jack would say: "Women. I imagine a man. Then I take away all reason and accountability"

Trying to figure out why they do what they do is a losing battle.

[lilmira]

So it's a car loan? I guess you can pay if off and remove the lien but how does it help you? Is the car registered under both names then I assume?

May be talk to the lawyer who wrote the agreement? It's so frustrating when dealing with money dispute, sometimes it feels like you lose either way. But again it's all worthwhile to teach asshole a lesson.

[CapnCrunch]

Originally posted by lilmira
So it's a car loan? I guess you can pay if off and remove the lien but how does it help you? Is the car registered under both names then I assume?

May be talk to the lawyer who wrote the agreement? It's so frustrating when dealing with money dispute, sometimes it feels like you lose either way. But again it's all worthwhile to teach asshole a lesson.

Yeah, it's a car loan in both of our names. The car is registered under her name though.

The only reason I'm paying it off is because it would go onto my credit report as well as hers. I'd rather pay it off and let the bank keep the lien on it for all I care. But they'll remove it once I pay, so I want to at least get another lien against it.

I'm not going to get any lawyers involved. I don't want to sink another penny into this if possible.

[lilmira]

That sucks, so you pay it off she's free to sell the car.

I don't remember what the limit is for small claim anymore. But if it's only a little bit over the limit you can still file a claim for the maximum amount and it's not too expensive to do. However you have to file it at the courts in the province/city where she is right now then she has no excuse not to show up.

I'm not sure how this works since you mentioned that she lives in the states now.