In This Episode:

• Explore the differences between a mechanics lien and a civil lien for obtaining a title for a vehicle.
• Learn how to address situations where a vehicle is missing a title, abandoned, or left on a property.
• Understand the options available if:
  • You’ve repaired a vehicle, and the owner hasn’t paid.
  • You’ve towed or stored a vehicle, and the owner is unresponsive.

Key Highlights:

• Mechanics Lien
  • Requires an automotive license (e.g., repair shop, towing company).
  • Can clear existing bank liens on the vehicle title.
  • Must follow strict state-specific rules and timeframes.
  • Requires:
    • A signed repair order from the owner.
    • Proper notices to the owner and lienholder.
    • A public auction of the vehicle.
  • Limitations include caps on storage fees and the risk of rejection if procedures aren’t followed.
• Civil Lien
  • Available to non-licensed businesses and individuals (e.g., landlords, property managers).
  • Bypasses DMV-specific requirements and document formalities.
  • Filed in local courts with no strict deadlines or prerequisites.
  • Potential drawbacks:
    • May require in-person court appearances.
    • Slower process depending on court schedules.
    • No pre-formatted forms; requires creating a petition from scratch.

Steps to File a Civil Lien:

1. Draft and file a petition with the county clerk.
2. Provide supporting documents, such as an affidavit of facts.
3. Submit required DMV paperwork and respond to court notices.
4. Obtain a Judgment of Ownership from the court.
5. Use the judgment to secure the vehicle’s title from the DMV.

FAQ:

• Costs: Expect court filing fees, title fees, and potential inspection or insurance costs.
• Title Type: This process does not create restrictions like salvage or bonded titles.
• Insurance: It's recommended to insure the vehicle before starting the process.

Disclaimer:
We’re not attorneys, and this is not legal advice. Consult with a professional for case-specific guidance.

Tune in to learn:
How these methods can help you navigate complex title situations and overcome DMV challenges to gain legal ownership of a vehicle.