Mechanics' and Materialmens' Liens on Personal Property

Question 1

A mechanic can assert a lien for _____ ___ _______ charges for alterations or repairs to a piece of personal property. e.g. an actual mechanic.

Answer 1

just and reasonable

Question 2

A personal property lien must be for repairs requested by the…

Answer 2

owner or by a person in rightful possession.

Question 3

The ________ must be in possession of the property.

Answer 3

mechanic

Question 4

What’s the recording requirement?

Answer 4

There is no recording requirement. Possession is the public act.

Question 5

A lien against the lawful possessor can be up to…

Answer 5

$1000.

Question 6

If the property value is less than $5,000, the mechanic can…

Answer 6

Conduct a self-help sale. The automechanic with a mechanics’ lien can just sell the car.

Question 7

For a mechanics’ lien for over $5,000, you enforce it by…

Answer 7

bringing a creditor’s suit in equity. The lienholder must join all intrerestholders as defendants.

Question 8

In a dispute between mechanic and possessor, the owner may…

Answer 8

sue for possession, but must post bond.

Question 9

What is the priority distribution for mechanics’ liens in personal property?

Answer 9

Priority is for repairs done in the ordinary course of business.

This is NOT a first in time, first in right system.