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CAR LIENS
Sent to Car Experts December 22 12:19 AM

EARLY 2004 I PURCHASED VEHICLE FROM PRIVATE OWNER. GOT CALL FROM A COMPANY SAYING THEIR WAS A LIEN ON THIS VEHICLE AND SAID WE WERE RESPONSIBLE FOR LIEN SINCE WE BOUGHT THE VEHICLE. CONTACTED PREVIOUS OWNER HE SAID HE'D PAY OFF DEBT. NEVER HEARD FROM COMPANY AGAIN ABOUT LIEN. ASSUMED LIEN HAD BEEN RECTIFIED. JAN 2005 TRADED IN THAT VEHICLE FOR ANOTHER ONE AT A CAR DEALERSHIP. ALMOST A YEAR LATER THE CAR DEALERSHIP PHONED ME AND TOLD ME THEIR WAS AN LIEN ON THE VEHICLE I HAD TRADED IN. WHEN I TOLD THEM IT WASN'T MY LIEN AND EXPLAINED WHAT HAD HAPPENED PREVIOUSLY THEY DID'NT CAR AND SAID WE EITHER HAD TO PAY OFF THE LIEN OR RETURN THE CAR I WAS STILL PAYING ON TO THE DEALERSHIP. MY QUESTION TO YOU IS, WHO'S RESPONSIBLE FOR THIS LIEN. SINCE IT WAS ALMOST A YEAR SINCE I FIRST TRADED IT IN AND THE DEALERSHIP CALLED ME ALMOST YEAR SINCE, DOES THAT MAKE A DIFFERENCE. THE DEALERSHIP HAS THREATENED A LAW SUIT. I DON'T THINK IT'S FAIR I WAS TO PAY OFF A LIEN THAT WASN'T MINE TO BEGIN WITH. ALSO WHEN I FIRST FOUND OUT ABOUT THE LIEN IT WAS $500.00 THE ORIGINAL OWNER OWED. THE CAR DEALERSHIP IS SAYING THE LIEN IS $1800.00. ANY INFO YOU CAN GIVE ON THIS SITUATION WOULD BE GREATLY APPRECIATED. I LIVE IN ALBERTA CANADA IF THAT HELPS
THANKS MICHELLE SENYCH

Customer (name blocked for privacy)
Status:  Closed   Value: $10
Answer
December 22 7:00 AM (6 hours and 41 minutes and 21 seconds later)
         
REPLIEDCheck Mark
In the US we have titles for vehicles and if there is a Lean,it is stamped on the title.There is ABSOLUTELY no evidence that the lean is yours-it is not even in your name-DON'T pay anything.If the dealership calls-Tell them to contact whoever had the lean in the first placI would not pay money that I didn't owe..

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john -- Auto, ATV, Sleds, Bikes, Tractors95% Positive Feedback on 285 Car Accepts
26 years of mechanics experience
Reply
December 23 12:18 AM (17 hours and 18 minutes and 13 seconds later)
         
Reply to john's Post: you gave me an answer but does your answer or law about leins valid here in canada or is it the same as US regarding leins.
thanks michelle senych
Customer (name blocked for privacy)
Reply
December 23 12:35 AM (16 minutes and 50 seconds later)
         
i think previous owner used this vehicle as collateral on something he wanted to buy. when he defaulted payment the company put a lien on vehicle. as far as they were concerned the company could take the vehicle no matter who owned it. when i took ownership of vehicle does that mean i assumed to pay off lien that was put on vehicle. when i bought vehicle and registered it is the lien now my burden to bare. when the vehicle sold does the lien follow the vehicle or the person i bought the vehicle from?
thanks michelle senych
Customer (name blocked for privacy)
Answer
December 23 11:35 AM (10 hours and 59 minutes and 32 seconds later)
         
ACCEPTEDCheck Mark

Here is a portion of the uniform law conference of Canada refering to the uniform liens act of 2000. The web address is http://www.ulcc.ca/en/us/index.cfm?sec=1&sub=1u7 According to this the lien is only enforceable when the goods are in the possesion of the lien claimant or the party the lien is against.

When lien enforceable

5.

(1)Subject to subsection (4), a lien is enforceable only where

  1. the goods are in the possession of the lien claimant; or

  2. the person requesting the services has, at any time:

    1. authorized the services giving rise to the lien in a signed writing that includes a description of the goods that are subject to the lien, or

    2. acknowledged an obligation to pay for the services giving rise to the lien in a signed writing that includes a description of the goods that are subject to the lien.


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