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In Texas do I have to file for a mechanics lien before sending out a repo man?

I’m actually a repo man here in Houston and I have a mechanic shop telling me that under Texas law 70.001 I’m legally allowed to repossess a vehicle if payment was stopped on a check. I typically work for car lots so this is a new one for me. Does this mechanic shop need to apply for a mechanics lien before I pick up this truck?

2 replies

Mar 23, 2021

The mechanic shop has not read Texas Property Code Chapter 70. A repair shop lien is a possessory lien, which means that the shop has to have possession of the vehicle for which it has made repairs. Without possession, the shop has no lien. If you were to go repossess the vehicle, you could be liable for conversion (civil theft). If payment was stopped on a check, the shop should file a complaint with the County District Attorney's hot check division. Good luck.

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Mar 24, 2021

Hello,

You have no lien rights against the vehicle once it leaves your possession unless you have A) a security interest in the vehicle (car note they are paying you) or B) a court order allowing you to pick up the vehicle.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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