How to file a mechanic's lien in california?
I have a friend that is a mechanic. He had a customer dropped of a car that needed a new head. It's been a year later and they still haven't come back for the car. How can we file a mechanic lien on the car without having to go to a lawyer? All my friend wants to do is to legally be able to sell the car so he can get it out of his shop.
Answers:
A lien is not what he needs. A lien prevents someone from selling something without paying you off.
He needs to foreclose on the car. In CA, most counties let you file a small claims action over the Internet. It really couldn't be easier. Most will even serve the papers for you for a small fee, which you can recover when the car is sold.
Once he wins, it is a bit of a process to foreclose, but they'll have materials that will explain how to do it.
Small claims court.
Easy as kickin' a monkey off a rock.
Go to the court website for whatever state your friend lives in, there should be a form for a mechanic's lien on there. If not, Google "mechanic's lien California." Then also check the filing requirements for that county, but in most, all you have to do is get it recorded by the county clerk/ recorder.
~ Edit: Sorry, didn't realise it was California. Go to the county recorder's office, it's easy.
(IM me if you like for more details, I can help with this.)
First he has to be a licensed mechanic with the Bureau of Consumer Affairs, and have a valid business license. Then he has to produce the estimate of work paperwork signed by the customer, then it is a matter of going to the small claims division of the local courthouse and getting the proper forms. Once those forms are filed he must go to DMV and file an interest in the vehicle to prevent the owner from reporting it stolen.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: