William G. Harger & Associates, PLLC assists mechanics, aircraft repair facilities, and other FBOs with filing, enforcing, and resolving aircraft liens under federal and state law. As a service provider, you may have completed work on an aircraft, or provided fuel or storage without receiving payment, or you may own an aircraft encumbered by a lien you need to clear before sale. It is important to remember that service providers have a possessory lien, and it is highly recommended that the aircraft not be released to the owner or operator until all services have been paid for in full.

The firm prepares lien documents, assists you with filing them with the FAA, and advises on enforcement options when payment remains outstanding. Because aircraft liens involve both federal recordation requirements and state-specific remedies, the process requires precise documentation.

Once a lien has been filed, in Texas you are legally authorized to begin the process of selling the aircraft to satisfy the lien. 

If you have provided services on an aircraft and have not been paid, or if you need to resolve a lien blocking your ability to transfer ownership, contact the firm to review your rights and available remedies.

In Texas, when you retain the firm to file a lien, the attorney prepares a statutory lien claim that identifies the aircraft by registration number, serial number, and description, itemizes the services provided and amounts owed, and meets FAA formatting requirements for acceptance. The lien is then filed with the FAA Aircraft Registry in Oklahoma City, where it becomes part of the public record and appears in title searches.

After filing, the lien encumbers the aircraft, and the aircraft owner will be unable to sell or refinance without addressing your claim. If the debt remains unpaid, the firm can advise on enforcement remedies, which may include negotiated settlement, judicial foreclosure, or coordination with other secured parties.

Lien disputes often involve questions of contract interpretation, the scope of services performed, and whether proper notice was given, all of which require legal review specific to your situation.

These questions address the most common concerns that arise when service providers or aircraft owners deal with liens on aircraft assets.

What services give rise to a valid aircraft lien?

In Texas, maintenance, repair, storage, and fuel sales create lien rights for the party performing the services. Occasionally, a lien is satisfied, but the satisfaction is not recorded with the FAA. The firm assists in resolving such matters.

How long does it take to file a lien with the FAA?

Filing can typically be accomplished within a few days. However, it is important to note that there are several procedural deadlines that must be met in order to file a lien. It is important to contact an aviation attorney as soon as you suspect that you may need to file a lien in order to secure payment. Filling a lien does not force the obligee to make payment, but generally prevents the sale of the aircraft until the lien is satisfied.

When can a lien be foreclosed?

Foreclosure is available after the debt becomes due and a lien has been filed, but the process and timeline depend on whether the lien is statutory or contractual and what remedies Texas law provides in your county.

What happens if the aircraft is moved after the lien is filed?

In Texas, service providers automatically have a possessory mechanics lien, or lien for fuel or storage. It is highly recommended that service providers not surrender this valuable right by relinquishing the aircraft before payment in full is received. However, even if the aircraft is returned to the owner without receiving payment, a lien filed with the FAA follows the aircraft regardless of location, but enforcement remedies depend on the state in which the aircraft is located.

If you need to file a lien to secure payment for services, or if you are an aircraft owner working to clear an encumbrance before closing a sale, reach out to William G. Harger & Associates, PLLC to discuss the documentation and procedures that apply. Remember, critical deadlines apply when filing aircraft liens.