Minnesota Waiver of Lien by Automobile or Car Mechanic

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US-01793BG
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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

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FAQ

In Minnesota, mechanics liens expire 1 year from the date of the lien claimant's last furnishing of labor or materials to the project. Claimants must initiate an enforcement action before the expiration deadline.

This means that the contractor and any subcontractor or material supplier for a building project can go to court and try to take possession of your property if they are not paid. However, there are a number of items you should be aware of in order to avoid liens or determine whether a lien is valid and enforceable.

To perfect a mechanic's lien, within 120 days of a lien claimant's last day of work, the lien claimant must (1) file a lien statement with the county recorder if the property is abstract and/or the county registrar of titles if the land is registered (also called Torrens property) and (2) serve a copy of the lien ...

In Minnesota, typically the mechanic's lien attaches to the property not by recording a document against the property, but upon the first visible improvement to the real property. All subsequent lien claimant's priority relate-back to that first visible improvement.

Minnesota law requires us to add a $30 fee to the debt of the taxpayer for filing and releasing each lien.

"This notice is to advise you of your rights under Minnesota law in connection with the improvement to your property. Any person or company supplying labor or materials for this improvement may file a lien against your property if that person or company is not paid for the contributions.

Minnesota does not provide or require statutory forms for lien waivers. Creating a conditional or unconditional waiver before payment has been received is invalid and unenforceable. Minnesota does not require the notarization of lien waivers.

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Minnesota Waiver of Lien by Automobile or Car Mechanic