As an aircraft owner, you are probably already somewhat familiar with the basics of aviation documentation. After all, you have to deal with it a lot. Meanwhile, those who simply have to work with aircraft may not be that knowledgeable on the matter. This only becomes an issue if they need to file a document such as an aircraft claim of lien with the Federal Aviation Administration. Let’s talk about what this entails.
The Basics of an Aircraft Claim of Lien
Whenever a person or entity is providing some sort of storage, maintenance, repair, or other service to an aircraft owner, they have the ability to assert a lien on the aircraft in question and retain possession until they have been paid for the services provided to the aircraft. A party asserting an aircraft claim of lien, also known as the lien claimant usually resorts to this when they have not been paid for the services they have provided as a means to getting some form of payment. The claim, which will often involve state and federal aviation laws, has to be properly filed and perfected, and, in order to file a claim of lien against an aircraft, it needs to be registered under the Federal Aviation Administration.
What Does a Proper Claim of Lien Have to Include?
There is some very specific information that any aircraft claim of lien must include at a minimum. It’s important to keep these in mind so that the lien is recorded properly. Always make sure that your claim includes 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 the labor, the materials, or the services were last furnished.
- The signature in ink of the claimant, which must show the signer’s title as appropriate.
- A recording fee of $5 USD for each aircraft affected by the claim by way of a check or money order made payable to the Federal Aviation Administration.
Moving Forward With the Claim
Once the lien has been perfected, the aircraft claim of lien encumbers the aircraft and usually prevents the owner from selling it before obtaining a release from the claimant. It’s important to note that often a common defense against a claim of lien is that it was not perfected properly. This happens because it either wasn’t filed within the proper time period after the last day of work or that the lien claimant did not follow the right procedures in order to perfect it. It is also common for the defendant to insist that the claimant is knowingly asking for a larger amount than that they are entitled to, therefore invalidating the whole claim.
File Your Aviation Documentation Form
Filing aircraft documentation with the Federal Aviation Administration, like any kind of bureaucratic paperwork, can be kind of annoying to get through. Lucky for you, here at the National Aviation Center, we are always looking to make the experience a lot easier for you. Here on our platform, you will be able to find all the forms and applications that you might need as part of your documentation process. And, should you have any questions about any of the forms, you can always reach out to us with any questions through our contact page. You will soon be able to get all your registration documents in order without any trouble.