Mechanic’s Lien
A licensed automotive business can use its license certificate to go through the “Mechanics Lien” or “Garageholders Lien” process to recover funds owed on a vehicle for repairs, towing, and possibly some storage. Valid in 42 States.
Pros
- Uses your authority as a licensed automotive business
- Clears bank liens
- Pays repair bills
Cons
- Requires automotive license
- Must be done within the statutory time period (90 days - 1 year in most states)
- Must have signed repair order from vehicle owner
- Requires proper written notice to lienholder and owner
- Requires vehicle to be offered at public auction
- May Not Cover All Storage Fees
- Can Be Rejected If Facility Did Not Adhere To License Requirements
Requirements / Steps:
- Filing of Notice Of Intent Of Mechanics Lien
- Filing Of Request For Private Vehicle Records
- Sending Certified Mail Notification To Titled Owners And Lienholders
- Waiting Statutory Time Period (30 – 60 Days)
- Publishing Notice Of Sale In Newspaper 6. Holding Public Offer For Auction Bidding 7. Filing Title Application With Evidence Of Previous Steps Attached
Civil Lien
When the vehicle is in the possession of a civilian private party without documentation, the applicant may file for a “Civil Lien”. This bypasses all DMV requirements and the court signature directs the titling authority to install the applicant as the legal titled owner, and issue a valid title certificate. Valid In All 50 States
Pros
- Can be filed by consumers and non-licensed businesses
- Overrides DMV requirements
- Bypasses document and notary requirements
- Can be done in your local county
- No filing deadlines
- No formal notices are prerequisites, (magistrate may add them)
Cons
- May require in-person visit to the courthouse
- Clerk calendar schedule could be weeks of delay
- No preformatted documents to fill in, applicant must prepare their own petition
Requirements / Steps:
- Filing Of Petition / Complaint to Clerk
- Prepare DMV TItle Application
- Prepare Affidavit Of Facts
- Submitting Above Documents By Response Date (in person or by mail)
- Receive Signed “Judgment Of OWnership” From Court Clerk
- Submit To DMV (or title office)
- Receive Official Title Certificate In Your Name
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