Mechanic's Lien on a Vehicle in Florida
How a mechanic's lien works in Florida — filing deadlines, notice requirements, owner rights, and how to get your vehicle back or dispute the charges.
| Rule | Florida |
|---|---|
| Governing Law | Florida Statute § 713.585 (Motor Vehicle Repair Lien) |
| Filing Deadline | 30 days from work completion |
| Storage Fee Cap | $35/day for storage up to 7 days; $25/day thereafter (varies by county) |
| Owner Redemption Window | 60 days after notice |
| Auction Timeline | 60 days after mailing notice, the vehicle may be sold at public auction |
| Notice Method | Certified mail notice to owner and all lienholders listed with FLHSMV |
Florida Note
Florida's Motor Vehicle Repair Act requires written repair estimates and authorization before work begins — failure to get authorization weakens the lien.
How the Lien Process Works
- 1
Mechanic completes work and is not paid
When repair or storage charges go unpaid, the mechanic or garage keeper has the right to assert a lien under Florida Statute § 713.585 (Motor Vehicle Repair Lien).
- 2
Mechanic files lien and sends notice
Notice of lien must be sent within 30 days of completion of work. The notice must go by certified mail to the registered owner and all lienholders on record with Florida DHSMV. Florida requires the notice to include an itemized statement of charges and information on the owner's right to contest the lien.
- 3
Owner receives notice and has redemption period
The owner has 60 days to pay the outstanding charges and reclaim the vehicle. During this period, the mechanic may continue charging storage fees: $35/day for storage up to 7 days; $25/day thereafter (varies by county).
- 4
If unpaid — vehicle sold at public auction
After the redemption period expires, the vehicle may be sold at public auction: 60 days after mailing notice, the vehicle may be sold at public auction. Proceeds pay the mechanic's charges first; any surplus goes to the owner.
- 5
Owner can dispute the lien
The owner can dispute the charges by contacting Florida DHSMV, filing a small claims court action, or requesting arbitration under the state's Motor Vehicle Repair Act.
Owner Rights and Options
- 1.Pay and reclaim within redemption period: Pay the itemized charges within 60 days of receiving notice to stop the auction process.
- 2.Request an itemized statement: You have the right to receive a written breakdown of all charges before paying.
- 3.Dispute overcharges in small claims court: If you believe charges are unreasonable, file in small claims court. Some states allow you to post a bond and reclaim the vehicle during the dispute.
- 4.Contact state consumer protection: Florida Attorney General's consumer protection division handles predatory garage keeper complaints.
- 5.File a complaint with DMV: Florida DHSMV can investigate violations of notice requirements or unauthorized lien filings.
Frequently Asked Questions
- What is a mechanic's lien on a vehicle in Florida?
- A mechanic's lien (also called an artisan's or garage keeper's lien) gives a repair shop or towing company the legal right to hold a vehicle and eventually sell it if the owner does not pay for services rendered. In Florida, this right is governed by Florida Statute § 713.585 (Motor Vehicle Repair Lien).
- How long does a mechanic have to file a lien in Florida?
- Notice of lien must be sent within 30 days of completion of work.
- How long does the owner have to pay before the car is auctioned?
- In Florida, the owner has 60 days after receiving notice to pay the outstanding charges and reclaim the vehicle. After that window, the mechanic may proceed with a public auction.
- Can a mechanic's lien override my existing car loan?
- In many states — including Florida — a mechanic's lien can have priority over a previously recorded security interest (car loan) when the work was authorized by the owner. Your lender may have rights to any surplus from an auction sale, but the mechanic gets paid first.
- How do I get my car back if there is a mechanic's lien on it?
- To redeem your vehicle: (1) Contact the mechanic and request an itemized statement of charges. (2) Pay or arrange payment within the 60-day redemption window. (3) If you dispute the charges, consult Florida DHSMV or file a small claims action — some states allow you to post a bond and reclaim the vehicle while the dispute is resolved.
- What happens to the money from a mechanic's lien auction?
- Auction proceeds are applied in order: (1) mechanic's charges + storage + lien filing costs, (2) any recorded lienholders (car loan), (3) any surplus returned to the registered owner. If proceeds are insufficient to cover charges, the mechanic may pursue the deficiency in small claims court.
Selling a Vehicle With a Mechanic's Lien?
Disclose any outstanding mechanic's liens on the bill of sale to protect yourself from future liability.
Generate Florida Bill of Sale