In Pennsylvania, what is the difference between a Mechanics Lien and an Enforcemnt of a Civil Judgement?
I had this incompetant Auto repair shop, Bob's Autotorium in Whitaker Pennsylvania, put a new motor in my Dodge Ram. Overpriced, damage to the vehicle and horrible job.. There was a remaining $300.00 on an ending amount of $3,500 which was only to be $2,100 in the beginning. Even though the District Magistrate entered a judgmnt for the amount of $300.00 plus court costs, I REFUSE TO PAY IT. So, upon doing research as to what rights they have for the enforcement of the Judgement, there is a mechanics lien and a PA Code that relates to the enforcemnt of Judgements which would include a lien or possible sale of property.. Which is it folks? Pennsylvania law is notoriuous for writing contradictory laws, so this is par for the course. Any suggestions folks?
a leins put in place for the sale of property,if sold it has to be paid…..but not to force the sale of property…..
There is nothing contradictory. The two concepts relate to two different things. A “mechanic’s lien” is a claim against property by someone who was contracted to improve or repair that property. In most states a mechanic’s lien against a vehicle allows a mechanic to retain possession of the vehicle until the bill is paid. There are other laws that allow a judgment creditor to enforce collection of his judgment by seizure of property and and its sale by the sheriff or other court officer. The judgment creditor is said to have a judgment lien against the debtor’s property until the judgment is satisfied. So, a mechanics lien is against an individual property improved by the mechanic; a judgment lien is against all propoerty of a debtor and is enforced by seizure and sale.