Legal Question in Business Law in California

Mechanics Liens

When filing a mechanic's lien for car repair done, do I follow the same laws as those for construction? Specifically, the pre-lien notice. Also, do I use the same forms?


Asked on 10/18/04, 5:16 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mechanics Liens

No. The law is very different and the forms are also very different.

The law is contained in Division 3, Title 14, Chapter 6.5 of the Civil Code. The chapter is entitled "Liens on Vehicles" and includes Civil Code sections 3067 through 3074 (about six pages of fine print).

The forms are prescribed by the DMV. Maybe you can get a supply through a local DMV office.

Motor vehicle mechanic's liens are based on possession, and there are other requirements such as written estimates for work over a certain amount, often $750. So, your estimate or other written work authorization serves much of the purposes of a pre-lien notice.

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Answered on 10/18/04, 9:48 pm


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