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Discussion Starter · #1 ·
How do you apply for a Mechanics Lien ? Yep, I bought a boat, trusted the guy and it looks like I might have an issue. I have a bill of sale with a wittness signature also, but I think I'd be smart to have a lein on it before going any further.
Secondary question. If this is ends up NOT being in his name wouldn't that be a serious issue for him ? He said he was waiting on the paperwork to come out of Austin ( 4 months ago ! ) and of course he will not return my calls now.
He lives in the sticks, and there is not an address on the PO box so I can't do a registered letter.
???
 

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Give it hell Remy!
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I think a mechanics lien would only apply for work you have done to someone else's property.
 

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If you have a P.O. Box for them why can't you send them a certified or registered letter? I only have a P.O. Box here and I get them all the time. We don't have mail carriers here so all we have are po boxes
 

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Discussion Starter · #8 ·
He had some paperwork from the state, but not the title. The paperwork ( title transfer ) was supposedly done, he was just waiting on the title to come in the mail.
I didn't pay a lot for it so it's not like a big loss but I'd still like to get it straightend out.
I'll go to TP&W and see what they say.
 

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It is the sellers responsibility to provide a title to the boat, a title to the motor and a title to the trailer. The motor and boat are registered through the Texas Parks and Wildlife while the trailer is registered with the state through the county tax assessor/collector office in your county (Paul Bettencourt in Harris Co). You use a TPW Form 143 as a bil of sale for the boat, Form 144 as a bill of sale for the motor (both parties have to sign these forms and they are submitted to the TPW along with the signed titles (make sure, if there is a lein on either (it will show this on the front of the title), the seller is responsible for getting the signature of the leinholder releasing the lein on the front of the title).
http://www.tpwd.state.tx.us/fishboat/boat/forms/

You do the same thing with the trailer except through the county tax assessor and Texas Dept of Trans. Use form 130U for this. Like above, both have to sign it and it accompanies the title (with any leins released) to the Tax assessor office for your county of residence.
http://www.dot.state.tx.us/forms/vehicle_titles.htm

Your original question...in your case you cannot file a mechanics lein. That is reserved for anybody doing work for another person and not getting paid.
If you paid for the boat and did not get a bill of sale, you will have to rely
on the honesty of your seller. You have very little recourse and he could claim you stole his property if it is in your posssion and you do not have any paperwork showing the transaction.
Goodl luck!
 

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Back in da Saddle
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Just a word of advise for those who have not fallen into a for sale trap when your required to register an item with the state (Car, truck, boat, trailer, outboard, ect.)

If the seller is not willing to allow you to copy their Drivers licences walk away no matter how cheap it is...


You might not get a current address, but a Licences number helps track them if need be...


JOhn
 
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