                                 CODE OF VIRGINIA

LIEN OF MECHANIC FOR REPAIRS (§ 46.2-644.02)

A. Every mechanic who shall alter or repair any vehicle at the request of the
owner or authorized person in possession of such vehicle shall have a lien
thereon for his just and reasonable charges therefor and may retain possession
of such property until such charges are paid. Such lien shall be in addition to
any lien under &#xA7; 46.2-644.01.

B. No lien under this section shall exceed $1,000 for any vehicle for which the
title shows an existing lien. However, the mechanic shall be entitled to a lien
against the proceeds, if any, remaining after the satisfaction of all prior
security interests or liens.
			For any vehicle not subject to an existing lien on the title, no lien under
this section, alone or in combination with a lien under &#xA7; 46.2-644.01,
shall exceed the value of the vehicle as determined by the provisions of &#xA7;
8.01-419.1.

C. The mechanic or his authorized agent shall ascertain from the Department
whether the certificate of title for the vehicle shows a lien thereon in
accordance with the provisions of &#xA7; 46.2-644.03 within seven business days
after the due date of an invoice for the amount due for the alteration or
repair. The mechanic may then enforce his lien under the provisions of &#xA7;
46.2-644.03 after such invoice goes unpaid for 10 days after it is due or
relinquish his lien under the provisions of &#xA7; 46.2-644.04.

D. If the owner of the vehicle held by the mechanic shall desire to obtain
possession thereof, he shall make the mechanic defendant in proceeding in the
county or municipal court to recover the vehicle.
			The owner may give a bond payable to the court, in a penalty of the amount
equal to the lien claimed by the mechanic and court costs, with security to be
approved by the clerk, and conditioned for the performance of the final judgment
of the court on the trial of the proceeding, and with a further condition to the
effect that, if upon the hearing, the judgment of the court be that the lien of
the mechanic on such vehicle, or any part thereof, be enforced, judgment may
thereupon be entered against the obligors on such bond for the amount due the
mechanic and court costs, if assessed against the owner, without further or
other proceedings against them thereon. Upon giving of the bond, the vehicle
shall be delivered to the owner.

HISTORY: 2009, c. 664; 2016, c. 397; 2019, c. 561; 2021, Sp. Sess. I, c. 374.