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 West Virginia, 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 West Virginia Code §38-2-30 et seq., mechanics and other such persons who furnish labor or materials for the improvement of personal property are entitled to a lien upon such property. This lien ensures that the mechanic can retain possession of the vehicle until they are compensated for their services and materials. The lien is typically perfected by retaining possession of the vehicle and may require additional steps such as notifying the owner of the lien and filing a claim with the appropriate state agency or court. If the vehicle owner fails to pay the debt owed, the mechanic may be able to enforce the lien by selling the vehicle after following the legal process for foreclosure of the lien, which includes providing notice and potentially obtaining a court order.