A mechanic’s lien is a security interest in real or personal property that is acquired by someone who adds material or labor to improve the property. A mechanic’s lien usually remains in effect until the lien holder (the auto repair shop) is paid for the material or labor added to the property. For a movable piece of property like a car, the property owner’s failure to pay the auto repair shop for material or labor may allow the auto repair shop to keep possession of the car until the owner pays for the material and labor. In the auto repair context, a mechanic’s lien is sometimes called a garageman’s lien.
In South Dakota, a mechanic's lien, also known as a garageman's lien in the context of auto repairs, is a legal claim against a vehicle for unpaid repairs or services provided by an auto repair shop or mechanic. Under South Dakota law, specifically SDCL 44-9-1 and following sections, mechanics and auto repair shops have the right to retain possession of a vehicle until they are paid for the labor and materials they have furnished. The lien is intended to ensure that mechanics are compensated for their work and materials supplied in improving the vehicle. To enforce the lien, the mechanic must follow specific procedures, including properly notifying the vehicle owner and potentially initiating a foreclosure process to sell the vehicle if payment is not received. It is important for both vehicle owners and repair shops to understand their rights and obligations under South Dakota's mechanic's lien laws to ensure proper legal compliance.