When a person repairs, tows or stores a vehicle and has not been paid by the owner of the vehicle for services rendered, that person is entitled to a lien against the vehicle. A lien generally arises (becomes effective, depending on state law) at the time the registered owner is presented with a written statement of charges for completed work or service.
For maximum protection of the potential lien holder, a contract provision should give the lien holder the right to sell the property to satisfy the lien. While a lien holder relying on a common-law lien will acquire the right to detain the property until payment of the debt, the lien holder will not necessarily acquire the right to enforce the lien by selling the property unless the right is conferred by statute or by contractual agreement.
If the vehicle in your possession is in another state (other than where it arose), and you are in that state to seize the vehicle, you must generally follow the lien sale laws of that state.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
San Diego, California Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges is a legally binding document that outlines the rights and responsibilities of both the vehicle owner and the repair shop when it comes to repairing a motor vehicle. This agreement is specific to San Diego, California and ensures that both parties are protected in the event of nonpayment for repair services. The Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges includes several key components to address various aspects of the repair process. It is essential to understand them before signing the agreement: 1. Identification: The agreement starts by identifying the vehicle being repaired, including its make, model, year, and Vehicle Identification Number (VIN). 2. Authorization for Repairs: The vehicle owner grants authorization to the repair shop to perform necessary repairs based on a written estimate or repair order. This section outlines that the owner is responsible for any charges incurred during the repair process. 3. Repair Charges: The agreement specifies the labor and parts costs associated with the repairs. It may also include additional charges such as taxes, shop supplies, and disposal fees if applicable. 4. Payment Terms: The document outlines the payment terms agreed upon. It typically includes the total cost of repairs, any upfront payment required, and the due date for payment upon completion of the repairs. 5. Lien and Sale Authorization: This is a crucial element to protect the repair shop's interests in the event of nonpayment. It states that if the repair charges remain unpaid after a specified period, typically 30 days, the shop has the right to place a lien on the vehicle. Additionally, it grants the shop the authority to sell the vehicle to recover the unpaid charges. 6. Vehicle Release: Once the repairs are complete and all charges are paid in full, the repair shop agrees to release the vehicle to the owner promptly. It's essential to note that while the main elements of the Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges remain constant, there might be different versions or formats used by various repair shops in San Diego, California. Some additional or modified clauses may be included, depending on the individual shop's policies and requirements. It is crucial for both parties to carefully review and understand the agreement before signing to ensure complete compliance and understanding of the terms.San Diego, California Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges is a legally binding document that outlines the rights and responsibilities of both the vehicle owner and the repair shop when it comes to repairing a motor vehicle. This agreement is specific to San Diego, California and ensures that both parties are protected in the event of nonpayment for repair services. The Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges includes several key components to address various aspects of the repair process. It is essential to understand them before signing the agreement: 1. Identification: The agreement starts by identifying the vehicle being repaired, including its make, model, year, and Vehicle Identification Number (VIN). 2. Authorization for Repairs: The vehicle owner grants authorization to the repair shop to perform necessary repairs based on a written estimate or repair order. This section outlines that the owner is responsible for any charges incurred during the repair process. 3. Repair Charges: The agreement specifies the labor and parts costs associated with the repairs. It may also include additional charges such as taxes, shop supplies, and disposal fees if applicable. 4. Payment Terms: The document outlines the payment terms agreed upon. It typically includes the total cost of repairs, any upfront payment required, and the due date for payment upon completion of the repairs. 5. Lien and Sale Authorization: This is a crucial element to protect the repair shop's interests in the event of nonpayment. It states that if the repair charges remain unpaid after a specified period, typically 30 days, the shop has the right to place a lien on the vehicle. Additionally, it grants the shop the authority to sell the vehicle to recover the unpaid charges. 6. Vehicle Release: Once the repairs are complete and all charges are paid in full, the repair shop agrees to release the vehicle to the owner promptly. It's essential to note that while the main elements of the Agreement to Repair Motor Vehicle with Authorization for Lien and Sale on Nonpayment of Repair Charges remain constant, there might be different versions or formats used by various repair shops in San Diego, California. Some additional or modified clauses may be included, depending on the individual shop's policies and requirements. It is crucial for both parties to carefully review and understand the agreement before signing to ensure complete compliance and understanding of the terms.
