Legal Question in Business Law in California

free mechanics lien form. i own a repair shop and need to put a lien on a vehicle


Asked on 11/08/09, 9:15 pm

2 Answers from Attorneys

That is not what a mechanics lien is, actually. I've never heard why they call it that but a "mechanics" lien is actually only available to contractors, materialmen and suppliers who provide equipment, labor and/or materials to works of improvement of real property.

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Answered on 11/13/09, 9:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Although you are a mechanic and are probably entitled to a lien, your lien is NOT a mechanic's lien, for the reasons Mr. McCormick states.

Liens for repairmen such as yourself are governed by an entirely different set of statutes and entirely different procedures. Your kind is covered, mainly, by Civil Code section 3051 which is entitled "Possessory liens for services, repairs, etc." I don't think there are any forms for 3051 type liens, nor anything you can record. So, don't look at it as "putting a lien" on the vehicle -- you HAVE a lien without the need of doing any "putting." You will continue to have the lien so long as you are in possession of the vehicle and are not paid. Basically, your strategy is to tell the owner, "You can have the car back when you pay my bill." If you give it back to him, you'll surrender your lien. That doesn't mean you surrender your right to be paid, it's just that you'll have lost your collateral (the vehicle).

If this is likely to be disputed by the owner, or if it's something that may come up again in the course of your business, you might want to get a copy of CC 3051 on line or at a law library and read it (several paragraphs of fine print).

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Answered on 11/13/09, 10:03 pm


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