Placing a lien for pilot services not paid

[jdubya]

I did some work for a corporate flight department in Arizona and have not been paid..it has been about 3 months...the guy will no longer respond to my calls/emails regarding payment. Is a lien against the aircraft the way to go ?( the company is in financial trouble at this time and aircraft are grounded)..if a lien is the way to attempt to get paid someday...how do I do it? Thanks

 

[Andy Neill]

[I'm not a lawyer]

I doubt you would have the necessary standing to place a lien on the aircraft whereas a mechanic might. I'm guessing your only recourse would be a suit in small claims court.

 

[H.Agenda]

i know of someone who's done it for pilot services. it was for over 4k though.

 

[LJ45]

go put a chain and lock around the gear with a big sign to call you!

LOL

 

[jdubya]

lien for pilot services

Do you know how they did it...through an attorney or can you obtain the paperwork yourself and file it?..This would also be for around $4,000 (unfortunately, it includes expenses that I incurred for him). Thanks for any information you can give...

i know of someone who's done it for pilot services. it was for over 4k though.

 

[LJ45]

couple of suggestions:

1. show up at the office a couple of time with bill in hand and just hang around.

2. send certified return receipt mail with letter for finally notice before the bill is turned over to legal and or collection agency. "demand letter"

 

[Dr Pokenhiemer]

I'd send them a certified letter along with another copy of the invoice adding a late fee to the original amount like any other company would do to you. Include in your letter your intent to pursue the matter through legal channels if payment is not received within 10 days. Inform them that they will be charged a collection fee for the attorney. After that, get an attorney to draft a letter on their letterhead and send another threat to so you are serious about it.

 

[getonit]

All of the attorneys in the world won't help you if they don't have any money which sounds like the case. If it is a corporation and they go under your claims will be added to all of the other claims. I hate to say it but you are probably up a certain creek w/o a paddle, maybe make an offer for less and consider it an expensive lesson.

 

[Galaxy]

Contact you state attny office

Q. Under what circumstances can I file a Lien against an Aircraft, Engine or Propeller?
A. This varies from State to State. There is no Federal form of lien against Aircraft, Engines or Propellers. In some instances, you have a right to keep possession of the Aircraft, at least for a period of time, if you have not been paid for your work on the aircraft. In some states, you do not have that right. In general, the only time you can file a lien (as opposed to a Security Agreement which is typically thought of as a 'mortgage"), is if you have performed labor or services on, or provided materials to, an aircraft. Some states also recognize a lien for storage or other services that are not incorporated directly into the aircraft itself. Recently, a procedure has become available for recording liens on the International Registry, which may have the effect of clouding the title of the Aircraft or Engine in many countries with one single filing. While it its not rocket science, claiming a lien against an aircraft or engine does require a great deal of care to do it right. Doing it the wrong way can not only cause you to lose your lien but could expose you to liability for slandering the title of the aircraft or engine.
Q. How much time do I have to try to resolve a dispute before I am required to file a lawsuit?
A. Statutes of Limitation, and Statutes of Repose vary significantly from state to state and country to country. In general, the first time you even have an inkling that something is not what it is supposed to be, and that it may be due to someone else's act or failure to act, you should consult an attorney. This does not mean that you have to sue. Simply find out how long you have to investigate matters before you are required to file suit, under pain of losing your right to sue if you don't do it in time. Also, find out if there are any prerequisites to filing a suit, such as giving a certain minimum notice to a potential defendant, which could further shorten your time. Find out whether settlement negotiations will work to extend the time you have to sue (usually NOT). In some cases, documents other than state laws will control the answer to this question. For instance, some contracts shorten the time you have to file suit. Insurance policies are famous for this. In addition, some contracts require that specific acts be done, or notices be sent, in order to preserve your right to sue. The moral of the story is: If you think that someone else might be responsible to pay you for damage or injury that you have sustained, you should check with a lawyer right away to make sure that you do not lose any valuable rights simply by the passage of time.
Q. Does my potential claim qualify to be handled on a contingency basis?
A. This is an extremely complex question, which has been made even more complicated by recent "tort reform" legislation around the country, which varies from state to state. The kinds of cases in which a contingent fee is normally applicable are cases of death or serious injury in which there are one or more potential defendants who have substantial assets or substantial insurance. Unless the facts are absolutely clear (and this happens rarely), matters with damages less than $100,000.00 USD are generally not good candidates for contingent fees. The amount of the award which the attorney may take as his or her fee is also limited by the Rules of Legal Ethics of most states, and by legislation or Constitutional Amendment in some states. You may be entitled to bring your claim in more than one state. If that is the case, you may have to decide which state has the best system of recovery for you, and the system of recovery that is most likely to allow you to get the best attorney in the field to agree to take your case.

Fact is somebody has equity in that aircraft. Contact an attny and get paperwork started right away. I am no big fan of lawyers but the guy you contracted for is betting on you laying down and taking it in the rear. He may not even own the aircraft you worked on but no to worry the aircraft owner will now have to pay you and let him sue the operator. You are entitled to the cost of services rendered, legal fees and in many cases the interest on the services.

 

[H.Agenda]

Do you know how they did it...through an attorney or can you obtain the paperwork yourself and file it?..This would also be for around $4,000 (unfortunately, it includes expenses that I incurred for him). Thanks for any information you can give...

There's some good advice on the board but some might be exessive in the way of overkill. Make a phone call to an attorney who deals in this sort of stuff, not a real estate attny or any kind but one who speacializes in this. I'm not sure what kind this would fall under, but chances are its alot easier and quicker to let a proffesional do this. let the sharks swim with the sharks.