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How Do I Get a Mechanics Lien on a Vehicle in California?

How Do I Get a Mechanics Lien on a Vehicle in California?

Full question:

I own a smog shop. I have many used car dealers that use my service. They are billed twice a month. One dealer refuses to pay for 7 cars that I smogged for them. I sent a certified letter to the dealer stating that they were 30 days past due and if not paid by 7-10-10 I was going to file a mechanic's lien on all 7 vehicles to secure payment. They called and said 'go ahead' see what it gets you. All I can find are contruction lien's. How or what do I do to start the process and can the dealer be billed for the expenses I incure processing this issue?

Category: Civil Actions
Subcategory: Liens
Date: 04/07/2025
State: California

Answer:

Under California law, a mechanics lien is created at the time a written statement of charges for completed work or services is presented to the registered owner or 15 days after the work or services are completed, whichever occurs first. California has complicated laws regarding a lien sale on a vehicle that must be complied with before a sale can take place, which vary depending on the dollar amount involved. The owner may be required to pay storage costs before you release the vehicle.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the maximum a dealer may charge for a smog fee?

In California, the maximum fee a dealer can charge for a smog check is regulated by the Bureau of Automotive Repair. As of now, the fee typically ranges from $50 to $70, depending on the type of vehicle and the specific services provided. Dealers must display their fees clearly to customers. Always check with the Bureau of Automotive Repair for the most current fee schedule. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Will CA give you $1200 if your car does not pass smog?

California offers a program called the Consumer Assistance Program, which may provide up to $1,200 to help with the cost of repairs for vehicles that do not pass smog checks. To qualify, the vehicle must meet certain criteria, including being registered in California and not having been in an accident. It's important to apply for this assistance through the California Air Resources Board. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can a dealership sell a car without smog in California?

In California, dealerships are required to provide a smog certificate for most used vehicles sold. However, there are exceptions, such as for certain types of vehicles or if the vehicle is sold 'as-is' and is not subject to the smog requirement. Buyers should confirm the smog status before purchasing. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Is a private seller responsible for smog in California?

Yes, in California, private sellers are generally responsible for providing a valid smog certificate at the time of sale for most vehicles. However, if the vehicle is less than four years old or is being sold to a family member, the seller may be exempt from this requirement. Buyers should ensure they receive the smog certificate to avoid future issues. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Do I need a smog check when I buy a used car in California?

Yes, when buying a used car in California, you typically need a smog check unless the vehicle is exempt. Vehicles that are less than four years old or certain types of trailers do not require a smog check. It's advisable to verify the smog status before completing the purchase to ensure compliance with state regulations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How do I get a smog exemption in California?

In California, you can obtain a smog exemption under specific circumstances, such as if your vehicle is a 1975 model year or older, or if it qualifies for the 'smog check exemption' program due to being a hybrid or electric vehicle. Additionally, certain low-income assistance programs may provide exemptions for repairs. Check with the California Department of Motor Vehicles for detailed eligibility requirements. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*