West Virginia 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

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.

TIMING OF THE MECHANICS' LIEN A mechanics' lien must be filed within six (6) months after completion of the work. A subcontractor must, at least thirty (30) days before a claim is filed, give to the owner formal written notice of an intent to file the claim.

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.

Virginia strictly adheres to the 150-day rule for mechanic's liens. The 150-day rule requires that no amounts be included in a mechanic's lien for labor or materials furnished more than 150 days prior to the last date the claimant furnished labor or material to the project.

In West Virginia, an action to enforce a mechanics lien must be initiated within 6 months from filing the lien. This deadline may not be extended, and if missed, the lien expires. Generally none, but WV allows for providing a notice prior to work. Lien must be filed w/in 100 days from last providing labor or materials.

A judgment lien is created automatically on debtor property that's located in the West Virginia county where the judgment is entered. For property in other West Virginia counties, the creditor records an abstract of judgment with the clerk of the court in the county where the property is located.

Must Virginia lien waivers be notarized? No, Virginia lien laws do not require waivers to be notarized in order to be valid and enforceable.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.

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West Virginia Waiver of Lien by Automobile or Car Mechanic