46.2-644.02 - Lien of mechanic for repairs.
§ 46.2-644.02. Lien of mechanic for repairs.
Every mechanic, who shall alter or repair any article of personal property atthe request of the owner of such property, shall have a lien thereon for hisjust and reasonable charges therefor and may retain possession of suchproperty until such charges are paid.
And every mechanic, who shall make necessary alterations or repairs on anyarticle of personal property which from its character requires the making ofordinary repairs thereto as a reasonable incident to its reasonable andcustomary use, at the request of any person legally in possession thereofunder a reservation of title contract, chattel mortgage, deed of trust, orother instrument securing money, the person so in possession having authorityto use such property, shall have a lien thereon for his just and reasonablecharges therefor to the extent of $800. In addition, such mechanic shall beentitled to a lien against the proceeds, if any, remaining after thesatisfaction of all prior security interests or liens, and may retainpossession of such property until such charges are paid. In any action toenforce the lien hereby given all persons having an interest in the propertysought to be subjected shall be made parties defendant.
If the owner of the property held by the mechanic shall desire to obtainpossession thereof, he shall make the mechanic defendant in proceeding in thecounty or municipal court to recover the property.
The owner may give a bond payable to the court, in a penalty of the amountequal to the lien claimed by the mechanic and court costs, with security tobe approved by the clerk, and conditioned for the performance of the finaljudgment of the court on the trial of the proceeding, and with a furthercondition to the effect that, if upon the hearing, the judgment of the courtbe that the lien of the mechanic on such property, or any part thereof, beenforced, judgment may thereupon be entered against the obligors on such bondfor the amount due the mechanic and court costs, if assessed against theowner, without further or other proceedings against them thereon. Upon givingof the bond, the property shall be delivered to the owner.
(2009, c. 664.)