Home>Levelset Community>Legal Help>Can a mechanics lien be filed?

Can a mechanics lien be filed?

MichiganMechanics Lien

repairs were performed on my vehicle in Oct 2020. payment was made with a prepaid debit card for $2441. The mechanics card machine didn't batch the charges until late Nov. 2020. the mechanic received the funds but then the funds were reversed back to the card company because they thought it was fraud and closed the account. During this time I thought this matter was resolved. My vehicle needed to be repaired again for the same problem in April 2021 and now the repair facility says I still owe the money and will not release my vehicle to me and says they filed for a mechanics lien. It is well past the 90 days since the original repair was made. Can they still file a lien for the repairs done in October?

3 replies

Apr 7, 2021

Just to be clear, your question is not about a construction lien.

Michigan allows mechanics to retain the item until the repairs have been paid for. There is nothing to file. The mechanics "lien" is perfected by possession of the repaired vehicle.

0 likes
Apr 8, 2021

Echoing Mr. Olson's response, from the facts in your question, you're dealing with a garage keeper lien, not a construction lien which is for improvements to real estate. 

Here's a link to a State of Michigan website that will provide you more information about garage keeper liens, including a phone number you can call for more information - 517-636-5872 . 

https://www.michigan.gov/sos/0,4670,7-127-1631_50301-27228--,00.html

0 likes
Apr 9, 2021
Hello. Apparently you are confusing construction lien (many years ago known as “mechanics lien.”) in Michigan it is actually called a garage keepers lien where a car mechanic can keep the vehicle until his bill is paid. It is not a lien that gets filed anywhere. It is a “possessory lien” and there is no 90 day rule . Assuming you got the money back in your card, you should pay him anyway.
0 likes

Add your answer or comment

Not the answer you were looking for? Check out other Mechanics Lien topics or ask your own question