Mechanic's Lien on a Vehicle in Florida: Process, Rights & Sale
Whether you're a mechanic enforcing a lien or an owner facing one, Florida has specific rules on notice, waiting periods, and sale process. Here's everything you need to know.
Governing Statute
Florida Statute §713.585 — Garage liens
Florida §713.585 grants garage operators a lien for repairs, storage, and other services. The lien attaches once charges are incurred.
Quick Reference
Notice Requirements
Certified mail to owner and lienholder; posting on vehicle
Florida requires both certified mail AND a notice posted on the vehicle for 30 days. DHSMV provides owner info.
Waiting Period Before Sale
35 days for vehicles >$1,500; 21 days for under
Florida's waiting period varies by vehicle value. Lower-value vehicles can be sold faster.
Sale Process
Public auction with DHSMV Form HSMV 82040
Florida garage liens are sold at public auction. DHSMV Form HSMV 82040 (Application for Certificate of Title) initiates the process.
Filing Fees and Costs
$75 DHSMV title fee + auction costs
Florida DHSMV charges $75 for the new title after a lien sale. Auction advertising and notice costs are additional.
Owner Rights
- Right to written estimate over $100
- Right to 35-day notice
- Right to challenge in county court within 10 days of notice
- Right to surplus proceeds
- FDUTPA (consumer protection) claims for unfair charges
Florida Standout Rule
Frequently Asked Questions
What law governs mechanic's liens on vehicles in Florida?
Florida Statute §713.585 — Garage liens. Florida §713.585 grants garage operators a lien for repairs, storage, and other services. The lien attaches once charges are incurred.
How long do I have to pay before a mechanic can sell my vehicle in Florida?
35 days for vehicles >$1,500; 21 days for under. Florida's waiting period varies by vehicle value. Lower-value vehicles can be sold faster.
What notice must a mechanic give before lien sale in Florida?
Certified mail to owner and lienholder; posting on vehicle. Florida requires both certified mail AND a notice posted on the vehicle for 30 days. DHSMV provides owner info.
How does a mechanic sell a vehicle for unpaid lien in Florida?
Public auction with DHSMV Form HSMV 82040. Florida garage liens are sold at public auction. DHSMV Form HSMV 82040 (Application for Certificate of Title) initiates the process.
What are my rights as the vehicle owner in Florida?
You have rights including: Right to written estimate over $100, Right to 35-day notice, Right to challenge in county court within 10 days of notice, and others. Florida's §713.585(2) requires the garage operator to provide a written estimate for any repair costing over $100 BEFORE work begins. No estimate = no enforceable lien.
Selling After Lien Resolution?
Once a mechanic's lien is satisfied, you'll need a clean bill of sale to transfer the vehicle. Generate a Florida-compliant one in minutes.
Generate Bill of SaleSource: Florida DHSMV Garage Lien Information. This page is informational only and not legal advice. Consult a licensed Florida attorney for your specific situation.