Unlawful Mechanic Lien

Unlawful Mechanic’s Liens

A mechanic’s lien is a security interest in the possession of a vehicle for the benefit of those who have supplied labor or materials that improve the vehicle.

If a person or vehicle repair facility has repaired, furnished supplies or materials, towed or stored a vehicle and has not been paid for the services rendered, that person or facility has a lien against the vehicle. The lien arises at the time the registered owner is presented with a written statement of charges for completed work or services. Although, if services were performed that were not agreed upon and no written and signed estimate was issued beforehand, a mechanic has no right to keep the title owner from reclaiming the vehicle. In doing so the mechanic would commit the crime of conversion.

In order to assert a valid lien, the mechanic must comply with strict provisions outlined in the Texas Property Code.  If the mechanic fails to comply with these requirements and the mechanic forecloses on the alleged lien (sells the vehicle), the mechanic may be found guilty of converting (civil theft) one’s property.

If you are having a dispute with an auto repair facility regarding repairs and/or possession of your vehicle, please call The Law Office of Robert D. Dabaghian at (210) 366-2400 to discuss your rights under the law.