How to File a Lien on a Car

If someone owes you money, attaching a lien to a car owned by the debtor may be an available legal remedy to secure payment. A car lien may be filed if the owner owes you for repairs completed on the vehicle or its storage. You may also be entitled to attach a lien to a vehicle if you have obtained a judgment against the debtor for a civil debt. State laws and procedures will vary; however, there are some common steps generally required for both situations.

Instructions

Judgment Lien

1

Obtain a judgment against the owner of the car. A judgment will result from the successful litigation of a lawsuit filed against the vehicle's owner. The court will enter a monetary judgment against the owner if you win the lawsuit.

2

Request a writ of execution, or similarly named document, from the court where you obtained the judgment. A writ of execution allows you to locate and use any of the debtor's property allowable under your state's laws to satisfy the judgment.

3

Locate the vehicle. You may already know where the vehicle is usually parked or stored. If not, you may be able to request a list of vehicles registered to the debtor from the state department of motor vehicles.

4

Direct the local sheriff's office to serve the writ of execution on the debtor at the address where the vehicle is located. As a rule, once the sheriff serves the writ of execution, a lien attaches to the car. You may then have the option to seize and sell the car or simply allow the lien to attach. If you do not seize the car, the debtor will have to pay the amount of the lien before she can sell the car.

Mechanic/Repairman's Lien

5

Prepare a detailed invoice for the charges due on the vehicle.

6

Notify the owner that you intend to place a mechanic's or repairman's lien on the vehicle as a result of the unpaid invoice you prepared. You must notify the owner by certified mail at the address listed with the department of motor vehicles in most states. Notification must be sent a specific number of days before the scheduled auction. The required time frame will vary by state.

7

Publish the mechanic's or repairman's lien and pending auction in a local newspaper prior to the auction. Again, state laws will vary with regard to how many times you must publish the notice and how far in advance you must publish it.

8

Sell the vehicle at a public auction. Your lien will then entitle you to payment for the charges due out of the sale proceeds. You will need to comply with your state's laws regarding titling a vehicle with a mechanic's lien. Typically, you will need to provide the buyer with proof of the notice sent to the owner and publication as well as fill out an affidavit so the buyer can register and title the vehicle.