Virgin Islands Waiver of Lien by Automobile or Car Mechanic

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Multi-State
Control #:
US-01793BG
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Word; 
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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

Virginia does not allow for the waiver of lien rights prior to performance. Virginia has no requirement that a lien waiver must be notarized. However, if your contract requires a notarized waiver in exchange payment, then the terms of contract apply.

When is the deadline to file a Virginia mechanics lien? In Virginia, a potential lien claimant must file a mechanics lien within 90 days from the last day of the last month in which he furnished labor and/or materials to the project (it must also be within 90 days from the completion or termination of the project).

In the State of Virginia, a mechanic's lien can be filed on Used Autos & Trucks, Classic Cars, Collectible & Special Interest Autos, Commercial Vehicles & Trailers, Farm Equipment, Yachts, Motorboats, Outboards, Jet Ski's, Marine Equipment, Vessels, Motorcycles, Aircraft, Recreation Vehicles (RV's), Vans, Truck ...

PREPARING THE VIRGINIA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Mechanics lien agent is a representative of a title insurance company, a lender's agent, or an attorney licensed to practice in Virginia. They serve the owner and collect the notices from those providing services and materials on the construction projects.

Liens are applied to a vehicle title when you first purchase it unless you pay the full cost with your own funds. A lien may also be placed on a vehicle if you refinance it. Once you title your vehicle in Virginia, DMV will forward your title with the lien recorded to your lender (lienholder).

About Virginia Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

Lien of mechanic for repairs. Every mechanic who shall alter or repair any article of personal property at the request of the owner of such property shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid.

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Virgin Islands Waiver of Lien by Automobile or Car Mechanic