46.2-644.01 - Lien of keeper of garage.
§ 46.2-644.01. Lien of keeper of garage.
A. Every keeper of a garage, and every person keeping any vehicles shall havea lien upon such vehicles for the amount which may be due him for the towing,storage, recovery, and care thereof, until such amount is paid.
B. In the case of any vehicle subject to a chattel mortgage, securityagreement, deed of trust, or other instrument securing money, the keeper ofthe garage shall have a lien thereon for his reasonable charges for storageunder this section not to exceed $500 and for alteration and repair under §46.2-644.02 not to exceed $800. However, in the case of a storage lien, toobtain the priority for an amount in excess of $300, the person asserting thelien shall make a reasonable attempt to notify any secured party of record atthe Department of Motor Vehicles by telephonic means and shall give writtennotice by certified mail, return receipt requested, to any secured party ofrecord at the Department of Motor Vehicles within seven business days oftaking possession of the vehicle. If the secured party does not, within sevenbusiness days of receipt of the notice, take or refuse redelivery to it orits designee, the lienor shall be entitled to priority for the full amount ofstorage charges, not to exceed $500. Notwithstanding a redelivery, thevehicle shall be subject to subsection D.
C. In addition, any person furnishing services involving the towing andrecovery of a vehicle, shall have a lien for all normal costs incidentthereto, if the person asserting the lien gives written notice within sevendays of receipt of the vehicle by certified mail, return receipt requested,to all secured parties of record at the Department of Motor Vehicles.
D. In addition, any keeper shall be entitled to a lien against any proceedsremaining after the satisfaction of all prior security interests or liens,and may retain possession of such property until such charges are paid.
E. Any lien created under this section shall not extend to any personalproperty which is not attached to or considered to be necessary for theproper operation of any motor vehicle, and it shall be the duty of any keeperof such personal property to return it to the owner if the owner claims theitems prior to auction.
F. For the purposes of this section, in the case of a truck or combination ofvehicles, the owner or in the case of a rented or leased vehicle, the lesseeof the truck or tractor truck shall be liable for the costs of the towing,recovery, and storage of the cargo and of any trailer or semitrailer in thecombination. Nothing in this subsection, however, shall bar the owner of thetruck or tractor truck from subsequently seeking to recover from the owner ofany trailer, semitrailer, or cargo all or any portion of these towing,recovery, and storage costs.
(2009, c. 664.)