What are Mechanics Liens on Cars in Georgia?
Mechanics of every sort can have a special lien on any vehicle required to have a certificate of title by Code Section 40-3-20 for work done, or for UNPAID work done and materials furnished, or for materials furnished in repairing or servicing such vehicle.
TL;DR: You get your car repaired, you don’t for the repairs, the mechanic can place a lien on your car.
Georgia Code 40-3-54
Title 40: Motor Vehicles
Chapter 3: Certificates of Title, Security Interests, and Liens
Article 54: Mechanic’s Liens; how asserted and Foreclosed
How to File a Mechanics Lien in Georgia?
If a vehicle is left at a repair shop and not picked up, the mechanic can file a lien against the vehicle.
Lien filing steps:
- Send a certified letter to the owner of the vehicle requesting payment (submit return-receipts to court)
- Send a certified letter to the lienholder (if applicable) of the vehicle requesting payment (submit return-receipts to court)
- Wait 30 days – Must file within 90 days of repairs
- Submit an affidavit of parts and labor along with a repair order to the court
- File a complaint in the county the vehicle owner resides in
Certified Letter and Notice
This is a very important step as you must show the court that you’ve made a good faith attempt to collect the debt owed.
Sample Letters:
Notice of Intent to File a Mechanics Lien (word)
Notice of Intent to File a Mechanics Lien (PDF)
Can I file a mechanics lien on a vehicle who is being financed and already has a lien?
Yes, a mechanics lien supersedes a collateral loan, in other words, the vehicle owner will still have to make payments per the promissory note they signed at the time of the vehicle purchase even though the car is now the property of the mechanic who fixed it and didn’t get paid.
If you’re not aware who the lienholder is, you must request that information from the Georgia Department of Revenue – Motor Vehicle Division.
You can do this by submitting GA DOR form MV-20.
Additonal Forms and Resources:
- Mechanics Claim of Lien – Georgia Superior Court
- Georgia mechanics lien complaint court filing pdf sample
- Notice of Additional Security Interest T-53
- Mechanics Lien Court Filing Process Procedure