A mechanic's lien allows a mechanic to seek compensation for work done on a vehicle.
An auto mechanic’s lien is a legal claim for compensation against work done on a vehicle. When the automobile's owner refuses to pay a mechanic for his services, a lien can be filed. This allows the mechanic to seek compensation from the owner. If the owner still refuses to pay the lien, the law allows a mechanic to sell the vehicle and use the proceeds to cover the cost of his work.
Instructions
1. Locate the work order signed by the owner of the vehicle. If you do not have a signed work order, you need to file a lawsuit or use a collection agency.
2. Refuse to return the vehicle to the owner if he refuses to pay. A mechanic must have physical possession of the vehicle for a lien to be valid. By returning the vehicle to the owner, you forfeit your legal claim to a lien. If the owner has possession of the vehicle, you need to either sue the owner or use a collections agency.
3. Send a written notice to the owner within 30 days of finishing work on the vehicle. The letter must contain the legal name of the owner, a list of the work done, charges for the work, physical address of where the work was done and a request for payment.
4. Mail the letter by certified mail with a return receipt through the U.S. Postal Service. Proof that the owner accepted the letter qualifies as notification. Alternately, proof you sent the letter, even if it was refused, qualifies as notification. When you mail the letter, fill out PS Form 3800 and PS Form 3811. You will need receipts for these forms to make the lien legitimate.
5. Send a copy of the notice and a copy of the signed work order to the county tax assessor-collector's office in the county in which the repairs were made, along with the administrative fee. As of 2010, the fee is $25 and is payable by check. The assessor's office must receive this notice within ten days of mailing the notice to the owner (not within ten days of the owner's receiving the notice).
6. Sell the vehicle to recoup your losses. This can be done no earlier than 31 days after the assessor received a copy of the notice. You only are legally entitled to the monetary amount listed on the notice sent to the owner. Any money in excess of this amount must be sent to the original owner.
7. File the Texas Department of Motor Vehicles form VTR-265-M (Mechanic’s Lien Foreclosure). You must include a copy of the signed work order along with receipts for PS Form 3800 and PS Form 3811. If the letter was returned to you, include it with the post office receipts. You also need a completed DMV form 130-U (Application for Texas Certificate of Title).
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