Welcome to Flightinfo.com

  • Register now and join the discussion
  • Friendliest aviation Ccmmunity on the web
  • Modern site for PC's, Phones, Tablets - no 3rd party apps required
  • Ask questions, help others, promote aviation
  • Share the passion for aviation
  • Invite everyone to Flightinfo.com and let's have fun

Placing a lien for pilot services not paid

  • Thread starter Thread starter jdubya
  • Start date Start date
  • Watchers Watchers 11

Welcome to Flightinfo.com

  • Register now and join the discussion
  • Modern secure site, no 3rd party apps required
  • Invite your friends
  • Share the passion of aviation
  • Friendliest aviation community on the web
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.
 
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.
 
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
 
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.
 
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.
 
A "mechanic's lien" is a legimate lien but was not thought of in the aircraft context. You enhanced the value of the asset so a lien was allowed to encumber it.
In all cases, a good deal has to do with the written agreement that led to the parties contest. If you go get work done on your car or your house, usually someone will give you something to sign that will back them up if they go to lien the item. In effect, this is the Notice to Owner aspect of the case. In these cases, a lien is somewhat in effect from the time you sign until they are paid in full for the work and then you are required to give the person paying a full release of lien.
Judgements were talked about by someone else.
The problem is that in most cases, a pilot may not even have a written document that states the agreement and terms. He has no Notice to Owner and is merely providing a service which in many cases is not lienable.
Get an attorney if you want to pursue a case but understand that even if successful, there may not be a way to enforce even a judgement.
 
Well legally I would imagine that there is no actual "agreement". Verbal agreements are very difficult to enforce in most states. I also think that the liens mentioned previously are refered to as "mechanics liens" and fuel, parts and maintenance are the only items that have standing. Of course, not an attorney, just an opinion.
 

Latest resources

Back
Top Bottom