This document tells you the following:

• How do consumers protect themselves against people who perform repair services?
• What is a lien?
• What can be done under Georgia's mechanic's lien law?

Repairs and Liens

Repair services (for cars and homes, for example) are major targets of consumer complaints. Repair services are not well regulated by law. The law presumes only that the services will be in keeping with the average standards of the trade (unless the contract specifies exactly the standards to be applied).

The best insurance for consumers is to know the person or business doing the repairs. Check out their business reputation. Be sure that they have a permanent location. Then you can reach somebody if anything goes wrong.

SITUATION  Eric takes his car to Willie’s garage for repair. When he comes to pick it up, he sees that Willie is charging him for replacing the carburetor. When he looks under the hood.the carburetor looks unchanged. Willie cannot show him the old carburetor. Eric says he will not pay the bill. Willie says he’ll keep the car until he does. He says it is his legal right to do so.

What can Eric do?

Georgia has a mechanic’s lien law. A lien is a charge on property for some debt for work performed. It can be made through a court when a person shows the authorization of another party (the debtor) to perform some work. Under this law, Willie’s shop could keep Eric’s car until he pays for the repair.

Alternatively, Willie’s shop could return the car and file a lien at the county courthouse. A lien would mean that Eric wouldn’t have a clear title to the car and would therefore have trouble selling it.

If Willie keeps the car, Eric could make a written demand that the mechanic release the car to him. The mechanic would have to do so within 10 days. If the mechanic filed a lien, he would have to seek legal action within 30 days. A court hearing would then be held, and Eric could present his side of the case. The judge would decide if Eric should pay the bill.