What is a mechanic's lien on an automobile
Lien: who can seize what and when?
The most important thing about lien
With the lien, the obligee receives security in the event that his debtor does not pay the outstanding claim. It entitles the obligee to sell the object on which the lien exists in order to pay off the debts from the proceeds.
A typical example is the landlord's lien on objects belonging to the tenant, which the tenant brings into the rented space. The mortgage and the land charge also represent liens. In both cases, a piece of land or property serves as a pledge.
The tenant can prevent this by paying a security deposit. If he wants to exempt individual items from this lien, he must provide a security deposit in the amount of the value of the respective item.
What is a lien and what is it for?
As in many other countries, there is also the possibility in Germany to use the lien in order to obtain a To secure the claim or to be settled. The lien gives the respective obligee the security that the Debtor pays the amounts due. Otherwise, the creditor can keep his outstanding bills pay offby using his lien and a thing to be pledged, for example auctioned.
In Pawn shops about that is common practice. A person who may currently be struggling with a debt brings an item (a movable thing) to the pawnbroker and pledged you there. The pawnshop then usually grants one small loan. The debtor can do this within an agreed upon Raise deadlinehe receives his item, such as a gold ring, back. If he is not able to do this, it happens Lien for use. This allows the creditor, here the pawnbroker, to do the thing to sellto settle the unpaid loan.
The definition of the lien further states that it is a Security interest acts, which depends on the demand it is supposed to serve. That means that Right expires as soon as the claim has been paid is. And because the claim and the lien are thus interdependent, this “couple” is accessory rights.
The lien is accordingly not transferable, on the other hand, the claim, for example by selling a receivable to a Debt collection agencies. The person who has to complain about the outstanding amount then applies the claim to a corresponding one company which then deal with the Collecting the debt will take care. She is in this case new owner the requirement.
That is what the legal lien says
German case law distinguishes between different types of lien. For most citizens, they are Liens according to the German Civil Code (BGB) of interest. There are also legal liens according to the Commercial Code (HGB), which primarily affects traders, and rights to pledge within the meaning of Code of Civil Procedure (ZPO). These are about the foreclosure applied. We now know: In the private sector, the right of lien is regulated by the BGB. In the following you can read in which forms it occurs.
The landlord's lien
The landlord's lien according to § 562 BGB grants the respective landlord some rights that him in Claim entitle to a garnishment. If the tenant does not meet his contractual obligations, the landlord may, under certain circumstances, make use of his lien. To do this, the open claim, however, necessarily from the tenancy have emerged. If this requirement is met, the landlord has a right of lien on the resident items brought into the apartment - Which brings us to the next necessary basis: the things that the owner wants to pledge (or let) have to be located in the apartment, movable be and belong to the tenant himself. For example, if he just got a Playstation from a friend borrowed, is this not from the lien of the landlord. Likewise, the lien does not cover items owned by the landlord Seizure generally excluded are. These include, for example:
- Things that the defaulting person for his job needed, such as a laptop
- Badge of honor, Medals and wedding rings
- Glasses and others Aids
Because this special lien only applies to movable property that the resident has brought into the rented space Real estate or the car excluded. Property that belongs to the tenant but is not in the tenant's apartment cannot be attached. That also applies to those things that removed from the rental property become.
The owner or the landlord however must be from this distance Knowledge so that he has the opportunity to do this contradict. Otherwise, the resident makes the Return of pledge according to Section 289 of the Criminal Code punishableif the landlord has already told him that he will be Lien want to exercise. Even the attempt the return of the pledge can be tracked and is provided with a Fine or imprisonment of up to three years punished.
In addition, the landlord can within a month after removal, demand that the resident bring objects that have already been removed into the rented rooms brings back, or request a handover if he catches this in the act so that the owner of the rented property can exercise his lien. The prerequisite here is that the owner gives the tenant opened on time that he's got from his Lien use want to do, and not just at the moment when he notices that valuable items have been stolen from the rental property.
When can the landlord use his statutory lien?
The landlord may assert his lien if he open amounts has to complain about the Tenancy and the corresponding tenants have arisen. That applies to
- Open rent payments and ancillary costs
- Compensation claims for defects that the tenant has left on the rental property
- Compensation for use (the tenant does not leave the rented space despite the termination)
- Claims to be settled from clearance costs
Incidentally, the landlord's lien is a non-possessory lien or a contribution lien. This also applies to the right to pledge that landlords and innkeepers have. The respective creditors do not have the objects to be pledged in their possession, but rather they were brought in by the debtor himself. Under certain circumstances, there may also be a lien on claims or rights.
The lien of the tenant and the lessor
The Leaseholder lien according to § 592 BGB is basically very similar to the lien held by landlords. There are still some small but subtle differences
The lessor has a lien Vehiclesthat the lessee has brought into the leased property, i.e. usually a plot of land. Because in the vast majority of cases the leased property is a piece country the lessor may seize all objects brought in (which are not subject to seizure protection).
In the case of farms, the lessor even has to pay Harvested produce or other products a lien in order to settle his claims with the proceeds. Another difference to the landlord's lien is that the Landlord has no right of objection of things that the property has under the everyday routine leave, such as the harvest. In contrast to the right of seizure in many other areas, the lessor's right of lien also includes the authority necessary for a farm Pulling in machines.
Even the The tenant himself has a lien. Because he has leased a plot of land on which certain objects such as Working machines have found, he is allowed to do so pledgeif he has unpaid claims against the lessor to complain about. These claims can range from defects that have not been remedied arise on or on the leased property. For this it is not even necessary that the inventory brought in by the lessor on the leased property is actually his property. The leaseholder's right of lien states in Section 583 (1) BGB:
The tenant of a piece of land is entitled to a lien on the inventory items that came into his possession for claims against the lessor that relate to the co-leased inventory.
Here, too, the debtor - in this case the lessor - is allowed through a Security deposit those objects "to buy free“Who are threatened with attachment. In theory he could thus reimburse the value of each individual object which would otherwise serve to pacify the tenant.
The lien on a property
The lien on real estate is called Land charge designated. Future homeowners want one for the new home credit record, they grant the respective Credit institution the corresponding Lien, that in Land register is registered as a land charge. Once all payments, including interest, have been paid, the entry upon demand away. If the borrower does not comply with the payment agreement on time, the bank may issue a foreclosure arrange for the plot of land.
Also Entrepreneur have a legal lien. This finds its application at Services, for which the respective entrepreneur is initially in Advance payment goes, for example, through a repair. So should the service provider secured against payment default become. Otherwise no one would reimburse him for the working time he has already invested.
For example, bring your automobile in a workshop to have a new paint sprayed on, they can invoice but afterwards do not pay, the workshop is allowed to do that Keep the vehicle under certain circumstances. For this reason, the vast majority of workshops have the Vehicle registration hand over.
You are the client not satisfied with the car mechanic's performance, you are on the safe side if you get the bill anyway pay onceso that the mechanic does not make use of his lien. Against any Damagethat have arisen in the meantime, or costs that you feel are too high, you may be able to with dish Action.
Incidentally, a inconnexes lien, if you as a client about a Do not pay the shipping company and then a contract with one new carrier enter. This new supplier has a Lien of the outstanding claims that you give to the former company still owe.
Even innkeepers and hoteliers have a lien
The vast majority of people don't know the things they are about in a Hotel room bring with you Insolvency of a Lien are covered. You don't even have to sign a contract for this. It is therefore not a contractual lien. So you can do your Hotel bill If you do not pay, the hotelier may have a lien on your Luggage.
Lien in practice
As already mentioned, there is often the option of one Sale of receivablesto become liquid again. This is usually a little less complicated than asserting the lien because Debt collection agencies Pay off creditors immediately and then take care of collecting the outstanding amount. Doing so often not the full amount paid to the creditors so the debt collection agency profit makes. For example, the apartment owner then has one less worry and a large part of the outstanding amount back.
However, design Collection companies usually use these factoring contracts in their favorso that owners may choose different Pay extra for services have to. This applies to one, for example Credit Report of the debtor. If it turns out that the customer is fundamentally unable to pay his bills, the vast majority of them become debt collection agencies do not buy accounts receivable, since they would then stay seated on these themselves.
And because most of the debtors in a general Insolvency a Personal bankruptcy open, the lien comes according to BGB rarely used. According to ZPO, the lien is at Bankruptcy proceedingsapplied. In this case we are talking about Lien. This allows the creditor to transfer the items confiscated from the bankruptcy estate as part of a seizure utilize. In contrast to the lien comes the Transfer by way of security used comparatively often. This fulfills two functions:
- You can be considered to the believer security serve to ensure that the debtor will settle his bills.
- The assignment by way of security can precautionary be deposited with the creditor so that he is responsible for the occurrence of Payment default or damage can settle the sum.
In order not to have to use the lien in the first place, the vast majority of apartment owners request one Security deposit upon conclusion of the lease: the deposit. If the residents do not repair all the damage after they have moved out, the owner may be able to partially or fully reduce the deposit withheld, so he is on it with the tenant agree.
To enforce the lien
... must, for example, the homeowner of the defaulting person announce this three weeks before the assertion of the lien. Theoretically, the resident could settle his debt during this time in order to still avert the lien. Next is usually a judicial title necessary so that the owner can enter the living space. In doing so, he is supported by one bailiffaccompanied, who makes a list of the attachable things.
With Tokens Items marked are picked up in the next step and sent via a public auction made into money. With the right of lien, the owner can pacify himself after the realization of this income. Profit, which is achieved via the value of, for example, the loss of rent, are the tenant to pay off.
Those affected who fear that the apartment owner will soon be able to use their lien should contact one in good time Debt counselor turn. Before you get an appointment, it can take several months under certain circumstances, as the state-funded and therefore mostly for you free jobs are in great demand are. But a lawyer can also take on debt counseling. This would like to be paid, but there are options here too: One Installment payments or a request for Advisory assistancecome into question here, among other things.
Lien explained simply: The right to a deposit arises in a wide variety of situations. For example, come yours Rent Payment Obligations not after, the owner may have a right of lien on the property brought into the rented property by you. From the Recovery this should be your outstanding amounts settled become. The landlord becomes one in this situation Pledgee. He is therefore entitled to settle the debts through the lien.(26 Ratings, average: 4,00 of 5)
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