I have a customer that did not pay a bill, nor did he pick up his car back in April. What are the basic requirements for a mechanics lien. Florida stat. 713.585 only speaks about enforcing the lien by foreclosure, but does not tell me what to do as far as a pre-lien notice, and the lien itself.
Real Estate Attorney
The term "mechanic's lien" refers to a claim for improvements made to real estate. It does not have anythng to do with automobile repair. The section of the Florida Statutes that you cited does refer to automobiles. According to that statute, if you send the notice in the proper manner, you can sell the car unless the owner files a suit objecting to the sale. If you are unsure of your rights or of the proper procedure, you should consult an experienced business lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
In Florida, the lien of a person or entity who performs work on a motor vehicle is strictly possessory. If you let the vehicle go, you have no lien. Hire a lawyer and make sure that you comply with the law before you sell the vehicle to satisfy your lien.
This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory email@example.com (561)743-3708.