Placing a lien for pilot services not paid

[NW_Pilot]

If they are in financial trouble make sure they did not file for bankruptcy and list you as a creditor or someone that they owe a debt to because, if they did and you try to collect it is against the law and you must file an adversary? "check spelling" action with the bankrupts trustee which can and will most likely be costly I know from experience lost my ass few years ago because the company filed bank-o. They don't even have to notify you personally because as a private contractor they may not have your address and just list a public notice in a local news paper!:angryfire

 

[heywatchthis]

Record an aircraft Claim of Lien.

http://www.faa.gov/licenses_certifi...ation/aircraft_registry/record_aircraft_lien/

You must send the original claim of lien with $5 (U.S. funds) to the Aircraft Registration Branch.

The lien must comply with the form and the requirements for recording claims of lien in the State having jurisdiction over the claim. Not all States record claims of liens. FAA may only record liens if the applicable State law provides for recording claims of liens.

The claim of lien must include, at minimum, the following:

• the amount of the claim
• a description of the aircraft by N-Number, manufacturer name, model designation, and serial number
• dates on which labor, materials, or services were last furnished
• the ink signature of the claimant showing signer's title as appropriate
• a recording fee of $5 (U.S. funds) for each aircraft affected by the claim with a check or money order made payable to the Federal Aviation Administration

Mail Us Your Claim of Lien

What We Do
Once we record the lien, we will return to you AC Form 8050-41, Conveyance Recordation Notice. This notice describes the aircraft, lists the parties and the date of the claim document, and shows the FAA recording number and date of recordation. You may use this form as a release if the claimant signs it and returns it to the Aircraft Registration Branch.
Another acceptable release of lien is a letter executed by the claimant, containing the same information, and a statement releasing all the claimant's rights and interest in the aircraft.

For more information, contact the Aircraft Registration Branch.

 

[Andy Neill]

I don't agree with the idea of being able to file a lien on the aircraft. A mechanic who has provided parts and/or labor to improve/repair the aircraft has standing. The pilot who provides services in the operation of the aircraft (as I understand it) does not.

 

[heywatchthis]

The pilot who provides services in the operation of the aircraft (as I understand it) does not.

Services my AS!, it's called LABOR. Pilots don't work for free. But why is LABOR from a mechanic OK, but not labor from a PILOT? They both deserve to be paid.

This guy held up to his agreement and provided a service of his LABOR, and he should put a lien on the aircraft. Now when the aircraft is in pre-buy being sold, they will have to pay off his lien before the ownership can change hands, regardless if the corporation files bankruptcy or not.

 

[DieselDragRacer]

Another option if all other attempts to receive payment fail is to file a 1099 for bad debt on their arse.

Let's say someone owes you $25K that you will never get file a 1099 on them for $25K in bad debt and the good 'ole IRS tacks that $25K onto their income for the year plus penalties and interest. Then you at least get the personal satisfaction of knowing the IRS is going to make them miserable until they get their money.

 

[Galaxy]

Wake up and call a LAWYER

You wouldn't ask your mailman for medical advice would you?
You wouldn't ask your car mechanic for financial advice would you?
If you were a CP or DO you wouldn't hire a lawyer to fly your plane (even if they were qualified).
SO, you have heard it all before from the flight info porta-jon lawyers.
NOW-contact a professional LAWYER then get back to us on the results.

 

[ACT700]

Hate to say it, but to recover 4grand, I think it'll cost you more money, and time to get some half assed response from some lawyer.

The only thing you could do is try to make their lives miserable with some of the stuff suggested above.

One thing I would do, though, is file a claim with the department of labor. Depending of course, on your terms of employment. If you weren't a full timer, it will be all the harder.

Good luck.

 

[Headwind]

If it were me, I would call one of the ladies in Ok, City who do aircraft title service. If it can be done they can do it for you and they don't charge much.

HEADWIND

 

[LJ45]

Hate to say it, but to recover 4grand, I think it'll cost you more money, and time to get some half assed response from some lawyer.

.

Exactly ! why I was trying to give alternatives before contact a lawyer or collection agency as a last resort.

 

[lawfly]

There are different kinds of liens. One is a judgment lien. If you obtain, for example, a small claims judgment, you could seek potential enforcement through various means, including a judgment lien. Exact procedures vary. An order to appear is another post-judgment procedure, as is an attachment, a garnishment, a keeper, etc. The latter could be effective if the aircraft owner has a cash receipts business. So, the small claims avenue (assuming the amount is within your local small claims jurisdictional limits) could have some teeth, assuming formal, written demands are unavailing. I doubt that you will be able to recover legal fees, if you do incur any. Generally, contract cases require an explicit attorneys fees clause for the recovery of same. Consult counsel if appropriate and good luck.