How can I file a mechanic's lien for unpaid smog services?

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:
  • State: California

Answer:

Under California law, a mechanic's lien is established when you present a written statement of charges for completed work or services to the vehicle's registered owner, or 15 days after the work is finished, whichever comes first. The process for a lien sale on a vehicle is complex and varies based on the amount owed. You may need to ensure the owner pays any storage costs before you can 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

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.*