Every mechanic who shall alter or repair any article of personal property at the request of the owner of such property shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid.
And every mechanic who shall make necessary alterations or repairs on any article of personal property which from its character requires the making of ordinary repairs thereto as a reasonable incident to its reasonable and customary use, at the request of any person legally in possession thereof under a reservation of title contract, chattel mortgage, deed of trust, or other instrument securing money, the person so in possession having authority to use such property, shall have a lien thereon for his just and reasonable charges therefor to the extent of $1,000. In addition, such mechanic shall be entitled to a lien against the proceeds, if any, remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid. In any action to enforce the lien hereby given all persons having an interest in the property sought to be subjected shall be made parties defendant.
If the owner of the property held by the mechanic shall desire to obtain possession thereof, he shall make the mechanic defendant in proceeding in the county or municipal court to recover the property.
The owner may give a bond payable to the court, in a penalty of the amount equal to the lien claimed by the mechanic and court costs, with security to be approved by the clerk, and conditioned for the performance of the final judgment of the court on the trial of the proceeding, and with a further condition to the effect that, if upon the hearing, the judgment of the court be that the lien of the mechanic on such property, or any part thereof, be enforced, judgment may thereupon be entered against the obligors on such bond for the amount due the mechanic and court costs, if assessed against the owner, without further or other proceedings against them thereon. Upon giving of the bond, the property shall be delivered to the owner.
Code 1919, § 6443; 1924, p. 638; 1956, c. 558; 1966, c. 458; 1968, c. 395; 1973, c. 492; 1974, c. 166; 1980, c. 598; 1984, c. 396; 1999, c. 533; 2005, c. 280; 2016, c. 397.
Notes of Decisions
First Virginia Bank v. Sutherland, 231 S.E.2d 706 (Va. 1977).
· cites it 7× “Code § 43-33 gives a mechanic who alters or repairs personal property at the request of the owner a lien thereon for his charges.”
Checkered Flag Motor Car Co. v. Grulke, 164 S.E.2d 660 (Va. 1968).
· cites it 7× “9-407, shown upon such certificates of title issued by the Division pursuant to applications for same shall have priority over any other liens or security interests against such motor vehicle, trailer or semitrailer, however created and recorded, except that lien of mechanics…”
DeChene v. Smallwood, 311 S.E.2d 749 (Va. 1984).
“uch 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 for storage,…”
Fowler v. Garey (In Re Garey), 258 B.R. 356 (Bankr. E.D. Va. 2000).
· cites it 2× “…lien because the vehicle had been delivered to them by Mr. Garey, not Mr. Fowler, the owner of the vehicle. Code of Virginia § 43-33.”
Wilson v. Graves, 18 Va. Cir. 481 (Stafford Cir. Ct. 1990).
· cites it 4× “This case involves determination of the proper amount of a lien authorized by § 43-33 on a 1932 Ford Roadster. 1 1. Express Contract Graves, the owner, and Wilson, the mechanic, agree that in 1982 they entered into an express verbal contract to do certain work on the car for…”
Process Eng'g, Inc. v. Dynamic Filters, 37 Va. Cir. 286 (Richmond County Cir. Ct. 1995).
· cites it 2× “In its pertinent part, the Virginia Statute § 43-33 on mechanic liens states: Every mechanic, who shall alter or repair any article of personal property at the request of the owner of such property, shall have a lien thereon for his just and reasonable charges therefor and *287…”
Roberts v. Colonial Ford Truck Sales, Inc., 2 Va. Cir. 422 (Richmond County Cir. Ct. 1975).
· cites it 3× “In fact, it is only because of the particular procedure provided by Code § 43-33 that the parties are postured as they appear in the pleadings.”
Gold Key Aviation, L.L.C. v. Int'l Jet Charter, Inc., 56 Va. Cir. 421 (Norfolk Cir. Ct. 2001).
“shall have a lien thereon for his reasonable charges for storage under this section not to exceed $300 and for alteration and repair under § 43-33 not to exceed $625.... D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction…”
AAA Autobody, Inc. v. Talkington, 5 Va. Cir. 103 (Alexandria Cir. Ct. 1983).
“00 under § 43-33 of the Code of Virginia. The plaintiff, on the other hand, alleges that the bank, as owner and lessor of the vehicle, has no valid security interest therein and that the vehicle is subject to a lien for the full extent of the repair bill.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.