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2005 SESSION
051461320Be it enacted by the General Assembly of Virginia:
1. That § 43-33 of the Code of Virginia is amended and reenacted as follows:
§ 43-33. Lien of mechanic for repairs.
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 $625800.
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.