A lien is a legal claim someone can place on your car that allows them to take or sell the vehicle until a debt is fully paid. Sometimes this can happen without you even knowing.
Can a Lien Be Placed on Your Car Without Your Consent?
Yes, a lien can be placed on your car without your immediate or direct knowledge. This happens when you have unpaid debts that legally allow a creditor to file a claim.
Common reasons this happens include:
- Unpaid mechanic or towing bills
- Unpaid taxes or government fees
- Unpaid parking tickets or traffic fines
- Defaulting on a loan or payment agreement
- Debts tied to an estate or legal judgment
However, random people cannot place liens just because they claim you owe them money. They need a valid legal reason and must follow specific rules.
Understanding the difference protects you from scams and empty threats. Learn more about what a lien on a car title means.
Key Takeaways
- Is it possible? Yes, but only certain parties like mechanics, government agencies, and courts can do this legally.
- Why it happens: Notices sent by mail get lost, go to old addresses, or get mixed with junk mail. Hidden liens from previous owners can also surprise used car buyers.
- What to do next: Verify the lien is legitimate, contact the lienholder for documentation, then pay or dispute the debt to get it released from your title.
How a Lien Might Be Placed Without You Knowing?
Legitimate liens generally fall into two categories:
Voluntary Liens:
These are liens you agree to. The most common example is when you finance a car purchase. The lender holds the title until the loan is fully paid off. Title loans work the same way. You use your car title to place a lien against your car to secure a loan.
Involuntary liens:
These are placed on your vehicle without your agreement due to unpaid obligations. Examples include mechanic’s liens, towing liens, tax liens, and judgment liens.
Lienholders must send written notice by certified mail to your address on file before placing a lien.
However, these notices can get lost, go to an old address, or get thrown away with junk mail. By the time you find out, the lien may already be officially listed on your vehicle title at the DMV.
This is why checking your title status regularly is important. You can do this online with your VIN through your local DMV, especially if you moved recently or had disputes over vehicle-related debts.
Who Can Put a Lien on Your Car Without Your Permission?
Not everyone can place a lien on your vehicle. Only parties you owe money to for car-related debts, or those with a court order, have this power. Here are the most common types of involuntary liens, which are placed without your agreement.
Mechanic’s Lien
If you get repairs and do not pay, the shop can file a mechanic’s lien. This gives them the right to keep your car until you pay. Some states let them sell your vehicle to recover the money owed.
Most states require written notice by certified mail before filing a mechanic’s lien. In California, mechanics must wait 15 days after completing repairs. In Texas, they must send certified mail. In Florida, they must follow strict documentation rules.
The mechanic does not need your permission to file. They only need proof that you authorized the work and did not pay. Keep all repair receipts and written estimates to protect yourself.
Towing and Storage Lien
Tow companies and storage facilities can place liens for unpaid fees. If your car was towed and you did not pick it up, charges add up daily. Storage fees of $25 to $75 per day are common.
After a certain time, they may file a lien and some states allow them to sell the vehicle at auction after 30 to 90 days. Notice requirements vary by state, so always retrieve towed vehicles as quickly as possible.
Judgment Lien
If someone sues you and wins, the court may let them place a lien on your assets. This includes your car. The creditor must first get a court judgment, then they can file the lien with your state.
Child support agencies also use judgment liens. When parents fall behind on payments, the state can place a lien on their vehicle. This ensures payment before the car can be sold or transferred.
Judgment liens always require court action first, and no one can skip this step. If someone threatens to place a lien without showing you a court order, they probably do not have the legal right to follow through.
Tax Lien
Federal, state, and local tax agencies can place liens if you owe back taxes. These liens take priority over most other claims, which means you cannot sell or refinance your vehicle until the tax debt is cleared.
If you owe federal income taxes, the IRS can file a lien. Your state can do the same for unpaid state taxes, and counties may file for unpaid property taxes. Tax liens are serious, so if you receive a notice, address it right away to avoid losing your vehicle.
Parking and Traffic Violations
Unpaid parking tickets and traffic fines can result in a lien on your title. Cities and counties use this method to collect money owed. The lien stays until you pay all fines and fees.
Some states place registration holds instead of liens. For example, Virginia uses registration denials for unpaid fees. Either way, unpaid tickets can prevent you from renewing your registration or selling your car, so pay them promptly.
Who Cannot Place a Lien on Your Car?
If you are worried about unauthorized liens, here is some good news. Random people cannot just place a lien on your car without going through proper legal channels like filing a lawsuit and winning a court judgment first.
Ex-Partners or Family Members
Your ex or a family member cannot file a lien just because they claim you owe money. They would need to sue you, win a judgment in court, and only then could they file a lien against your vehicle.
Threatening to place a lien is not the same as having the legal right to do so. If an ex threatens a lien, ask them to show you the court judgment. Without it, they cannot legally file.
Private Creditors Without a Court Order
Credit card companies and personal loan lenders cannot place liens on your car without a court judgment. Unsecured debt does not automatically create a lien on your vehicle. They must sue you first.
This process takes time and requires proper legal procedures, so your car is protected until a court says otherwise. If you receive letters claiming they will take your car without mentioning a court case, they are likely using scare tactics.
Random Individuals
A neighbor, acquaintance, or stranger cannot place a lien on your car. Even if they claim you owe them money for something unrelated to your vehicle, they cannot attach your car without a court order.
If anyone threatens to place a lien without going to court first, they are likely bluffing. Only specific parties with legal authority can file liens without your consent.
How to Find Out If Someone Put a Lien on Your Car
You can check for liens several ways, so start with the easiest option first.
Check Your Title
Start by looking at your vehicle title. The lienholder section shows anyone with a legal claim against your car. If no lienholder is listed and only your name appears, you can be sure no auto lenders or finance companies have a claim.
Contact Your State DMV
Your local DMV keeps records of all liens on vehicles registered in your state. Request a title search using your VIN, and some states even offer online searches for a small fee of $5 to $15.
What to Do If You Find an Unexpected Lien
Do not panic if you find an unexpected lien. Many liens can be cleared once you understand what caused them and take the right steps to resolve the situation.
Step 1: Verify the Lien Is Legitimate
Contact the lienholder listed on your title or DMV record. Ask for documentation showing what you owe and why. Sometimes liens are filed in error or already paid off.
Step 2: Check If It’s From a Previous Owner
If you bought the car used, the lien may have existed before you owned it. Hidden liens transfer with the vehicle rather than staying with the previous owner, which means their unpaid debt legally becomes your problem.
Contact the seller if possible. They may be legally responsible for paying off the lien. If they refuse or you cannot find them, contact a vehicle title attorney or consumer protection attorney to discuss your legal options.
Step 3: Pay or Dispute the Debt
If the lien is valid, pay it off to clear your title. Many lienholders accept payment plans if you cannot pay the full amount at once, but make sure you get any payment agreement in writing.
If you believe the lien was filed wrongfully, gather your evidence. Write a formal dispute letter to the lienholder. Send it by certified mail.
Step 4: Get the Lien Released
Once you pay the debt, the lienholder must file a lien release. Your DMV will update your title within 2 to 4 weeks.
For step-by-step instructions, see our guide on how to remove a lien from a car title.
Step 5: Consider Hiring an Attorney
If the lien is large or disputed, consult a consumer protection attorney. Many offer free initial consultations and can negotiate with lienholders to protect your rights.
State-by-State Lien Information
Each state has its own rules regarding liens, including whether vehicle owners must be notified and how lien information can be checked.
Below is how these requirements work in four of the most common states.
California
Mechanics must notify you before filing a lien. If they skip this step, the lien may be invalid under California Civil Code §§3067–3074..
Key protections:
- The lien must be filed within 30 days after you receive the repair bill
- You can demand proof of the debt in writing, and the shop must respond within 10 days
- If the shop doesn’t follow proper steps, the lien can be challenged in court
Phone: (800) 777-0133
Online: Check title status at dmv.ca.gov
Fee: $5 to $15
Texas
You must receive written notice by certified mail before a lien can be enforced. Without proper notice, the lien cannot be used to sell your car under Texas Property Code §70.001.
Key protections:
- A 30–60 day waiting period applies before the shop can sell your car
- Vehicle sales must go through county court procedures
- You have the right to a hearing before any sale happens
Phone: (888) 368-4689
Online: Limited services at txdmv.gov. Visit your county tax office for complete information.
Fee: $5 to $10
Georgia
The lienholder must file paperwork with the court and send you certified-mail notice. If they don’t, the lien is usually invalid under O.C.G.A. §44-14-361.2.
Key protections:
- You have 5 days after receiving notice to request a hearing
- The court must hold a hearing within 10 days if you dispute the debt
- The shop cannot sell your car while the dispute is pending
Phone: (855) 406-5221
Online: Visit dor.georgia.gov/motor-vehicles
Fee: $5 to $10
Florida
Mechanics must send a Notice to Owner within 45 days of starting work. Miss this deadline? The lien is typically void under Florida Statutes Chapter 713.
Key requirements:
- Liens must be filed within 90 days after work is completed
- You can file a Notice of Contest to force them into court within 60 days
- If the shop skips any required notices, the lien cannot be enforced
Phone: (850) 617-2000
Online: Use the MyDMV Portal at flhsmv.gov
Fee: Approximately $10
Hidden Liens: What Used Car Buyers Need to Know
If you are buying a used car, always check for liens before you pay. Once you own the vehicle, any hidden lien becomes your problem because the previous owner’s debt transfers with the car, not with them.
Always run a VIN check before buying. Ask the seller to provide a clear title showing no lienholders. If a lienholder is listed, make sure the seller pays off the loan first.
Make sure you get a lien release document before completing the purchase. This protects you from future disputes and extra payments that could come from the seller’s unpaid debts.
If you already bought a car and found a hidden lien later, you may have legal options. The seller may have committed fraud. Contact a consumer protection attorney to discuss your situation.
Frequently Asked Questions
Can a Mechanic Put a Lien on My Car Without My Permission?
Yes. If you authorized repairs but did not pay, most states allow mechanics to file a lien.
They do not need your consent. But they usually must send written notice by certified mail before they can sell your vehicle.
Can an Ex Put a Lien on My Car?
Not directly. An ex cannot place a lien just because they claim you owe money. They would need to sue you and win a court judgment first.
Someone Sold Me a Car With a Lien on It. What Can I Do?
You have options. If the seller did not disclose the lien, they may have committed fraud. Contact the seller to resolve it first. If that fails, consult a consumer protection attorney about your legal options.
Is It Illegal to Sell a Car With a Lien on It?
It depends. Selling a car with a lien is not automatically illegal if you disclose it. However, selling without disclosure or without paying off the lien can be fraud. Most states require the lien to be satisfied before transferring the title.
Can a Seller Go to Jail for Not Disclosing a Lien?
Possibly. Intentionally hiding a lien to defraud a buyer can be a criminal offense in some states. Penalties range from fines to jail time depending on the amount involved and state laws. Consult a local attorney if you believe you were defrauded.
How Do I Find Out If Someone Put a Lien on My Car?
Check your title, contact your state DMV, or run a vehicle history report using your VIN number. Most states offer lien searches by phone or online for a small fee.
What Happens If I Buy a Car With a Hidden Lien?
The lien stays with the car, not the previous owner. As the new owner, you are legally responsible for paying off the lien before you can get a clear title.
You may be able to sue the seller for fraud if they hid the lien from you.
Can I Sell My Car If It Has a Lien?
Most states require you to pay off the lien first. The lienholder must release their claim before you can transfer the title.
Will a Lien Hurt My Credit?
It depends on the type of lien. Judgment liens can appear on your credit report and lower your score. Car loans only affect credit if payments are missed.
Mechanic’s liens usually do not affect credit directly, but they can hurt your credit if the debt goes to collections or results in a court judgment.
Bottom line: A lien alone usually doesn’t hurt your credit. Unpaid debt, collections, or court judgments can.
How Long Does a Lien Stay on My Car?
A lien stays until the debt is paid and the lienholder files a release. There is no automatic expiration.
Bottom Line
Yes, certain parties can place liens on your car without your direct consent, including mechanics, tow companies, courts, and tax agencies if you owe them money.
Although written notices are usually required by certified mail, you may miss or overlook them. This is why it is important to check your title status regularly through your local DMV.
Random individuals cannot place liens without going through proper legal channels like winning a court judgment. If you find an unexpected lien, verify it is legitimate first, then either pay or dispute the debt to get it released from your title.
Need a Title Loan on a Car With a Lien?
MontanaCapital® offers title loan solutions for cars with existing liens. We can help you understand your options and find a solution that works for your situation.
Call us or Apply online with no obligation 24/7
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