GUIDELINE FOR MECHANIC’S LIENS

(Civil Code Section 3068)

When a vehicle is brought into your shop make sure you record the name and address of the vehicle owner on the work order, and give them a copy.

On the date the work or estimate is completed, contact the vehicle owner to pay your bill and reclaim the vehicle.  YOU NOW HAVE 15 DAYS TO PRESENT THE OWNER WITH A WRITTEN STATEMENT OF CHARGES, EITHER IN PERSON OR BY MAIL.  Make sure you indicate a daily storage rate on the written statement should the owner fail to reclaim their vehicle.

After the owner is presented with a written statement of charges, or 15 days after the work or estimate is completed (should you fail to present a written statement), your lien arises and storage begins. YOU NOW HAVE 30 DAYS TO START LIEN PROCEEDINGS OR FILE A COURT ACTION, or your lien will be extinguished.

Call your lien agent to start lien proceedings before this 30-day period expires.

In addition to your charges and the vehicle information, your lien agent will need the name and address of the vehicle owner, the date of possession, the date work or estimate was completed, the date a written statement was presented, and the market value of the vehicle. 

NOTE CONCERNING LEGAL OWNERS:

The LEGAL OWNER (bank) is not responsible for repairs over $1500, or storage over $1025 to $1250, unless you receive written permission from the LEGAL OWNER prior to commencing work.  You must respond within 10 days to a written demand by the LEGAL OWNER for a written copy of the work order or invoice showing the services or repairs performed, or your lien may be extinguished. If you have a large job and are not receiving a sizable down payment, you should have the vehicle owner show you the vehicle registration.