Mechanics Lien vs. Civil Lien: Untangling Vehicle Title Issues
Download MP3In This Episode:
- Explore the differences between a mechanics lien and a civil lien for obtaining a title for a vehicle.
- Learn how to address situations where a vehicle is missing a title, abandoned, or left on a property.
- Understand the options available if:
- You’ve repaired a vehicle, and the owner hasn’t paid.
- You’ve towed or stored a vehicle, and the owner is unresponsive.
Key Highlights:
- Mechanics Lien
- Requires an automotive license (e.g., repair shop, towing company).
- Can clear existing bank liens on the vehicle title.
- Must follow strict state-specific rules and timeframes.
- Requires:
- A signed repair order from the owner.
- Proper notices to the owner and lienholder.
- A public auction of the vehicle.
- Limitations include caps on storage fees and the risk of rejection if procedures aren’t followed.
- Civil Lien
- Available to non-licensed businesses and individuals (e.g., landlords, property managers).
- Bypasses DMV-specific requirements and document formalities.
- Filed in local courts with no strict deadlines or prerequisites.
- Potential drawbacks:
- May require in-person court appearances.
- Slower process depending on court schedules.
- No pre-formatted forms; requires creating a petition from scratch.
Steps to File a Civil Lien:
- Draft and file a petition with the county clerk.
- Provide supporting documents, such as an affidavit of facts.
- Submit required DMV paperwork and respond to court notices.
- Obtain a Judgment of Ownership from the court.
- Use the judgment to secure the vehicle’s title from the DMV.
FAQ:
- Costs: Expect court filing fees, title fees, and potential inspection or insurance costs.
- Title Type: This process does not create restrictions like salvage or bonded titles.
- Insurance: It's recommended to insure the vehicle before starting the process.
Disclaimer:
We’re not attorneys, and this is not legal advice. Consult with a professional for case-specific guidance.
We’re not attorneys, and this is not legal advice. Consult with a professional for case-specific guidance.
Tune in to learn:
How these methods can help you navigate complex title situations and overcome DMV challenges to gain legal ownership of a vehicle.
How these methods can help you navigate complex title situations and overcome DMV challenges to gain legal ownership of a vehicle.
