While aircraft owners tend to be familiar with the needs and mechanisms of aviation documentation. However, those who simply work with aircraft might not know that much about the subject matter, at least not enough to know what or how to file in relation to them. This only becomes an issue if they need to file a document such as an aircraft claim of lien with the Federal Aviation Administration.
Understanding an Aircraft Claim of Lien
When someone is providing storage, maintenance, repair, or other services to an aircraft, they have the ability to assert a lien on that aircraft and retain possession until they have been paid for the services they have provided. The party asserting an airplane claim of lien, also known as the lien claimant, will usually resort to this when they have not been paid for the services they have carried out as a way to get some form of payment. The claim, which will often involve state and federal aviation laws, will have 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.
Claim of Lien Requirements
An aircraft claim of lien will have to include specific information in order to be valid and enforceable. You will need to take these into account so as to make sure the claim is recorded properly, so confirm that these are a part of the claim of lien when submitting it.
- The total amount of the claim.
- A description of the aircraft by N-Number, manufacturer name, model designation, and serial number.
- Specific 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.
Filing the Claim
Once the lien has been properly filed, the airplane claim of lien encumbers the aircraft and usually prevents the owner from selling it before obtaining a release from the claimant party. It’s important to note that often a common defense against submitted claims of lien is that these were not perfected properly. This sometimes 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.
Meet All Your Aviation Documentation Needs
Whether you are filing an aircraft claim of lien or applying for any sort of aviation documentation, we want to make sure that we at the National Aviation Center help you meet all your aviation documentation-related needs. All relevant forms are readily available for you on our sidebar. And, should you need some additional help with any of them, don’t worry. Use our website chat, fill out our contact form, or give us a call at 1-800-357-0893 and we’ll answer your questions in no time.