A. Every keeper of a hangar, tie-down, or marina, and every person keeping boats, aircraft, or harness, shall have a lien upon such boats, aircraft, and harness for the amount that may be due him for the towing, storage, recovery, keeping, supporting, and care thereof until such amount is paid.
B. In the case of any boat or aircraft subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the marina, hangar, or tie-down shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 43-33 not to exceed $1,000. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Wildlife Resources by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Wildlife Resources within seven business days of taking possession of the boat or aircraft. If the secured party does not, within seven business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full amount of storage charges, not to exceed $500. Notwithstanding a redelivery, the watercraft shall be subject to subsection D.
C. In addition, any person furnishing services involving the towing and recovery of a boat or aircraft shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the boat or aircraft by certified mail, return receipt requested, to all secured parties of record at the Department of Wildlife Resources.
D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid.
Code 1919, § 6445; 1968, c. 320; 1970, c. 56; 1976, c. 77; 1977, c. 382; 1981, c. 453; 1984, c. 396; 1988, c. 120; 1990, c. 665; 1992, c. 403; 1999, c. 533; 2004, c. 215; 2005, c. 98; 2006, cc. 874, 891; 2009, c. 664; 2016, c. 397; 2020, c. 958; 2026, c. 753.
Notes of Decisions
First Virginia Bank v. Sutherland, 20 U.C.C. Rep. Serv. (West) 1401 (Va. 1977).
· cites it 8× “)” *592 Code § 43-32 gives a garageman a lien for the storage of a vehicle.”
O'MALLEY v. Rapidan River Farm, 24 B.R. 900 (E.D. Va. 1982).
· cites it 11× “Having received no payment from O’Malley, Rapi-dan sought to enforce its livery stable keeper’s lien upon the horses for payment due as provided by Va.Code §§ 43-32 and 43-34. On April 21, 1982, O’Malley filed her homestead deed in the Circuit Court for the city of Suffolk…”
DeChene v. Smallwood, 311 S.E.2d 749 (Va. 1984).
“arage for such storage, supplies, alterations or repairs through any misrepresentation or false statement; or with such intent removes or causes to be removed any such motor vehicle from any such garage while there is a lien existing thereon for the proper charges due from him…”
In Re Evans, 289 B.R. 813 (Bankr. E.D. Va. 2002).
· cites it 3× “Va.Code (1950) § 43-32 and 43-34. The documents include an affidavit of compliance, a copy of the “Official Certified Vehicle or Transcript of Official Certified Vehicle” from the Virginia Department of Motor Vehicles dated November 9, 1993, 8 receipts for mailing certified mail…”
Blue Ridge Rec., Inc. v. Dean (In re Dean), 55 B.R. 332 (E.D. Va. 1985).
· cites it 10× “Virginia Code § 43-32 (Repl.Vol.1981) outlines the liens given to keepers of livery stables, garages, and marinas for services provided to property left in their possession.”
S & E, Inc. v. Empire Fire & Marine Ins., 66 Va. Cir. 13 (Norfolk Cir. Ct. 2004).
· cites it 4× “I assume the plaintiff is claiming its lien under Code of Virginia § 43-32(C). That subsection requires the plaintiff to give notice to all secured parties within seven days of its receipt of the vehicle.”
Coleman v. Hairston Motor Co., 47 Va. Cir. 433 (Spotsylvania Cir. Ct. 1998).
· cites it 2× “00 statutory storage lien (Virginia Code § 43-32) had to be paid to Coleman before Newsome picked up the vehicle for deliver to Hairston.”
Ford Motor Credit Co. v. Tanchanco, 18 Va. Cir. 207 (Fairfax Cir. Ct. 1989).
“Virginia Códe §§ 43-32 and 43-33 creates statutory liens for unpaid repair and storage charges in amounts of $500.”
— Va. Code Ann. § 43-32(A) — 1 case
— Va. Code Ann. § 43-32(B) — 1 case
— Va. Code Ann. § 43-32(C) — 1 case
S & E, Inc. v. Empire Fire & Marine Ins., 66 Va. Cir. 13 (Norfolk Cir. Ct. 2004).
“I assume the plaintiff is claiming its lien under Code of Virginia § 43-32(C). That subsection requires the plaintiff to give notice to all secured parties within seven days of its receipt of the vehicle.”
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