Lien On Me

The Scenario

You notice your brakes are squeaking so you take your car to the shop to have them checked. You and the mechanic discuss what work needs to be done and he gives you a written estimate.

A few days later, the mechanic calls you and informs you that your car is ready.  You arrive at the shop and the mechanic hands you a bill for the price you both agreed on.  However, during the last several days, a family emergency has arisen and you can no longer afford to pay the total.  So, now what?

Mechanic’s Lien

A mechanic’s lien may have been created.  In Texas, if a person has furnished labor and repairs and has not been paid for those services, a lien arises against the vehicle.

A mechanic’s lien is only created when the registered owner of the vehicle is given a written statement of the services and charges and the mechanic has only completed that work which was previously agreed upon by the customer.

Enforcement

Mechanic’s liens are enforced through judicial foreclosure sales.  Therefore, the mechanic must file suit asserting the lien against the registered owner.

The court must then determine if all of the statutory requirements have been met and that no other party has a superior right to the property.  If the court finds the mechanic has first priority and the requirements have been met, the court will order the vehicle to be sold at a foreclosure sale.

The proceeds of the sale will then be applied to the amount owed to the mechanic and any amount left over will be given to the registered owner.

Types of Property

The scenario above only discusses a lien with regard to a car in a repair shop.  However, a mechanic’s lien may also be created in regard to other property.

Regarding real property, a mechanic’s lien may be known as a "construction lien."  For those who provide supplies and materials to other’s without payment, a materialman’s lien or "supplier’s lien" may attach.  All of these liens are created and enforced exactly the same but have different names to clarify what property they attach to.

What Can You Do?

You should discuss your situation with the mechanic and work out a payment plan if possible.  Most companies and individuals will understand that situations arise that cause financial hardships and are willing to work with you on payments.

It is important to know that these liens exist and that the mechanic may in fact have a superior right to your property than you do.  When I say “superior right,” I mean that the mechanic can keep your vehicle until you pay off the balance.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Property Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com

(806) 702-4852 

www.MatthewHarrisLaw.com

New Laws for Veterans

Happy Independence Day!

That's right, I'm saying it early.  Today we're going to talk about some new laws that apply to Veterans so maybe you can pass on some knowledge when you see a Veteran this holiday weekend.

Please note that all of these bills have been signed into law by Governor Perry and all of these new laws will be effective on September 1, 2011.

Veteran Driver's License - HB 1514

Veteran's can have a designation ("VETERAN") included on their driver's license.  Why would we want it?  Who knows, but maybe it will get us out of a speeding ticket?

A Veteran means a person that has served in one of the five branches of service, (if you're lost, the fifth is Coast Guard), or the Texas National Guard, and been honorably discharged.  All that is required is a request by the Veteran, and proof of service and honorable discharge.

Airborne Specialty License Plate - SB 0461

This one affects me directly, and I don't know if I like it, but the "Airborne Parachutist" license plate will now read "U.S. Paratrooper" instead.  However, it will still have the Army Airborne Wings.

If this is the first you're hearing about it, and are interested, there is no extra charge to get this license plate.

Bronze Star Specialty License Plate - HB 0559

The legislature has created new specialty license plates for recipients of the Bronze Star and Bronze Star with Valor.  It will have a picture of the medal emblem and a "V" for those with valor.

Funeral Service Disruption - HB 0718

This one isn't only for Veterans, but it sure seems to apply to Veterans more and more lately. (See Westboro Baptist Church)

A person commits an offense by picketing within 1,000 feet of a facility or cemetery being used for funeral service and within 3 hours before or 3 hours after the service.  This is a change in the law that previously provided a 1-hour buffer.

Mandatory Selective Service Registration - SB 0132

This change really applies to future Veterans, God help us if we have to turn to a draft again, but it makes Selective Service Registration mandatory, instead of optional, when getting a driver's license or ID card.

It appears that if you apply for an original, renewal, or duplicate driver's license or personal identification card, and you are between the age of 18 and 26, then your information will automatically be submitted to the U.S. Selective Service System for registration. 

Expect to see statutory notice language on your paperwork this Fall.

How to Thank a Veteran

By nature, we Veterans are modest and do not easily take praise or recognition.  This holiday, you will no doubt shake a Veteran's hand and tell him/her how proud you are, but be prepared for an embarrassed look in their eye and something about how they were just doing their duty.

We really do appreciate your praise, but we sometimes have a hard time showing our appreciation of your kind words.  A simple handshake, pat on the back, or "thank you," is enough to show your support, and turn our cheeks red.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Civil Litigation Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 702-4852

www.MatthewHarrisLaw.com

Where to Sue After a Wreck?

Hold On!

That was the last thing you yelled before the tempered automotive glass exploded around you and the loose change in your console took flight.  As the twisted mass of steel that was your trusty car only moments ago comes to a stop, you slowly realize what's happening; you're in a car wreck.

The 5 Ws.

If you've ever had a reason to consider a lawsuit, you probably focused your time on the other 4 Ws (Who, What, When, & Why), but I bet you didn't spend much time considering the "Where."  However, knowing where you can file your lawsuit can sometimes be just as important as knowing who you can sue.

Since you're the person initiating the lawsuit, you get first choice in where to file the suit and as any real estate agent will tell you; the key is location, location, location.  When you challenged someone to a race as a kid, you wanted it in your own backyard because you knew where every dip, hill, and pothole was.  You want this same advantage in court.

Where Did He Come From?

Those are your first words to yourself as the airbag smoke clears the air.  That is, IF you can even speak with lungs full of that pungent chemical concoction that feels like you're inhaling sand.  Those of you that have smelled it know exactly what I'm talking about.  Although it may seem like he just came out of nowhere, you know that he didn't magically appear out of thin air; and that's our first clue of where to file the lawsuit.

That's right, where does he live?  One of your first options in choosing where to file is the other guy's county of residence.  I won't go into the endless possibilities for his county of residence being beneficial for you, perhaps he has a bad reputation at home and you know that it will work to your advantage, but that's the sort of strategy that you and your attorney need to discuss.

(Alternatively, if the other guy was driving a company truck and you're suing the company, you can choose to file your suit in the county of that company's principal office in Texas.)

Where Am I?

Your passenger hit her head terribly hard during the wreck and doesn't know what just happened.  You two were on a road trip far from home; still in Texas, but in a different county.  This is our second clue of where to file the lawsuit.

Where did the wreck take place?  Under Texas law, you can choose to file your lawsuit "in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred."  Depending on your facts, you'll have to decide whether this county gives you some advantage, but it's important to know your options.

Where Do You Live?

As you're being loaded onto a stretcher while being swarmed over by paramedics, they're yelling questions at you and trying to determine how badly you're injured.  One of the questions they ask as they load you on an air ambulance is about your home address to test your short term memory; and that's our third clue of where to file the lawsuit.

Where is your county of residence?  If neither of the above apply to your situation, then you turn to the county where you resided when the wreck happened.  For most people, this is the county they want to turn to first but Texas law saves it as a last resort.

Trial Strategy

This is by no means an all inclusive summary of Texas law on Venue, but it should be enough to get you thinking about a legal topic that you hadn't considered before.  Choosing the location of your coming fight isn't cheating or even dishonest because it is a well preserved right outlined by your legislature.

Just as you would with any other fight, you want to choose the time and place that gives you the best tactical advantage over your adversary.  I can't tell you which of the above works best because as with any situation, differing facts require differing strategies.  Make sure that you discuss your trial strategy with your attorney at your initial consultation.

Source: Tex. Civ. Prac. & Rem. Code Ann. § 15.002

***Special Thanks to Tammy Fisher of Sonora, Texas for helping choose today's topic and to everyone else that participated in this week's Reader's Choice Poll on Facebook and Twitter.***

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Civil Litigation Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 318-8482 

www.MatthewHarrisLaw.com