The Expert Podcast

• Explore two main options for claiming a vehicle due to unpaid repairs or storage fees:
  • Mechanics Lien
  • Civil Lien
• Understand the key differences between mechanics liens and civil liens, including their pros and cons.
• Why many clients initially prefer mechanics liens, but in most cases, civil liens offer a stronger solution.
• What is a Mechanics Lien?
  • A legal claim an automotive business uses to recover funds owed for repairs, storage, towing, or fees.
  • Typically requires the business to be a licensed automotive facility (varies by state).
  • The process is handled through the DMV but limited to DMV authority.
  • If DMV refuses to issue a title due to restrictions, a civil lien might be necessary.
• What is a Civil Lien?
  • A lien that bypasses DMV limitations by going through a court or higher authority.
  • Does not require meeting DMV or title authority criteria.
  • The court can order the DMV to issue a title.
• Example from Washington State’s laws regarding the mechanics lien process (RCW 6008 and WAC 308):
  • Requirements include filing a lien with the county auditor and notifying all owners by certified mail.
  • Strict documentation and procedural requirements must be met or the title application will be rejected.
• Important details for mechanics liens:
  • Written estimates required for repairs over $100.
  • Signage requirements for automotive repair shops (e.g., visible customer rights sign).
  • Only the registered owner can authorize repairs for a mechanics lien to be valid.
• When you cannot use a mechanics lien:
  • If services were authorized by someone other than the registered owner.
  • If the vehicle is not titled in the state.
  • Then a civil lien is the better option.
• Overview of the civil lien process:
  • File a petition in the local court to request a court order for a vehicle title.
  • Provide an affidavit explaining how you came into possession of the vehicle.
  • Attach supporting documentation such as DMV denial letters, title search reports, receipts, bills of sale, estimates, and certified mail proof.
  • The court reviews the evidence and may issue an order directing the DMV to issue a title.
• The court order legally compels the DMV or titling authority to issue a certificate of title in your name.
• Civil liens offer a powerful alternative when the DMV’s procedures and restrictions block a title issuance.
• The process varies by county and state, so understanding local rules is crucial.
• Both mechanics liens and civil liens are valuable tools; choose based on your specific situation.
• For more detailed instructions and services, visit leantitles.com.