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Attorney Lien

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tkayo

Junior Member
What is the name of your state? Arizona
I hired an attorney to get my vehicle and my money back seized by the state.
I paid a retainer, and the case is about to be dismissed. My attorney hasn't come with a final invoice yet.
My question is; even though I didn't sign any document stating that the attorney can put a lien on my vehicle, does the attorney have the right the keep my vehicle until I pay him in full?
 


tkayo said:
What is the name of your state? Arizona
I hired an attorney to get my vehicle and my money back seized by the state.
I paid a retainer, and the case is about to be dismissed. My attorney hasn't come with a final invoice yet.
My question is; even though I didn't sign any document stating that the attorney can put a lien on my vehicle, does the attorney have the right the keep my vehicle until I pay him in full?

My response:

Yes. It's called an "Equitable Lien" or, in parlance you'll understand, it's a "mechanic's lien." He performed serves related to the car, and you didn't pay him.

IAAL
 

tkayo

Junior Member
I did sign a fee agreement and paid a retainer. But I have requested an invoice at several occasion and he hasn't returned my calls yet.
So his he allowed to hold the car or just put a lien on it?
 
tkayo said:
I did sign a fee agreement and paid a retainer. But I have requested an invoice at several occasion and he hasn't returned my calls yet.
So his he allowed to hold the car or just put a lien on it?

My response:

Both. If he gave you the car, you could:

a. Total it; or

b. Sell it.

In either event, he'd lose his security interest for his legal services he rendered to you.

So, either pay him, or that car will eventually be "lien sold" so that he can get his money.

IAAL
 

tkayo

Junior Member
So me and him don't need a writing agreement on that?
And I can't sell the car if it has a lien on it.
 
tkayo said:
So me and him don't need a writing agreement on that?
And I can't sell the car if it has a lien on it.

My response:

No, you don't need a "writing" for an Attorney/Client relationship.

He doesn't want you wearing the car out any more than it is, thus diluting its value, and yes, you can sell a car with a lien - - as long as your buyer is stupid enough to buy it for parts!

But, in very short order, you'll be receiving a Notice of Lien Sale and Right of Redemption letter. If you don't redeem your car by paying his lien, the car will be lien sold.

So, do what you feel is necessary.

IAAL
 

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