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Do I qualify for a mechanics lien?

TexasMechanics Lien

I have a vehicle that has been left on my property for over a year. the owner was contacting me regularly and now they are saying they want to let the vehicle go. I have performed work and I have a storage fee attached to the vehicle. Do I qualify for a lien?

1 reply

Jun 13, 2021

A repair shop has a right to a lien on cars that it repairs, as long as the shop possesses the vehicle. Provided that the shop complies with the provisions of Texas Property Code Chapter 70, the shop could secure the right to sell the vehicle. The shop would also have rights under Texas Business & Commerce Code sections 9.609, et seq. The process to perfect the right to sell the vehicle requires the the shop provide notice by certified mail to the persons with an interest in the vehicle (typically, the titled owner and lender of record).  

You can review to Chapter 70 at the following link:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm

You can typically visit your county's tax assessor's office to have the assessor issue a notice to the persons with an interest in the vehicle by certified mail.

You can review the Storage Lien Foreclosure form from the Texas Department of Motor Vehicles along with the instructions for foreclosure procedures at the following link:

https://www.txdmv.gov/sites/default/files/form_files/Form_VTR-265-S.pdf

The repair shop can also prepare and file a UCC-1 financing statement with the Texas Secretary of State to reflect the debt owed for the repair and storage of the car. 

Good luck.

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