The Cyberdrive Illinois Mechanics Lien form is a crucial document for individuals or companies seeking to place a lien on a vehicle when services rendered, such as repairs or storage, have not been paid for by the vehicle's owner. It serves as a formal declaration of the intent to obtain a lien on the vehicle, detailing information about the vehicle, the services provided, the amount due, and the legal steps taken to notify the involved parties. To ensure your rights are protected and to navigate the process smoothly, it’s important to accurately fill out this form and understand each step required to enforce the lien legally. Click here to fill out the form.
For those navigating the complexities of unpaid vehicle service charges in Illinois, the Cyberdrive Illinois Mechanics Lien form represents a pivotal document. This form, formally known as the “Mechanic’s Lien Affirmation” and available on the Secretary of State’s website, provides the pathway for service providers to claim unpaid dues through a legal lien on a vehicle. The comprehensive form demands detailed information about the vehicle in question, including its year, make, model, identification number, and even the license plate details. It further guides the claimant through documenting mechanic’s lien information, such as the dates of service, the completion of work, and the total amount due. Additionally, it outlines the process for public sale of the vehicle, the choices depending on the lien amount, and includes a segment for odometer disclosure, crucial for the lawful sale of the vehicle post-lien settlement. Serving both as a declaration and an instructional guide, it mandates a thorough search to identify the vehicle’s legal owner, detailed notification requirements, and the specific steps for conducting a public sale, varying whether the lien is below or exceeds $2,000, or if it involves a self-service storage facility. The form also emphasizes the importance of adhering to federal and state legal requirements, ensuring that the claimant is aware of the serious legal obligations and potential ramifications involved in pursuing a mechanic’s lien.
Mechanic’s Lien Affirmation
Secretary of State
501 S. Second St.
Vehicle Services Department
Springfield, IL 62756
www.cyberdriveillinois.com
A. GENERAL VEHICLE INFORMATION
______________________________________________________________________________________________________________________
YEAR
MAKE
BODY STYLE
MODEL
________________________________________________________________________________________________________________________________
VEHICLE IDENTIFICATION NUMBER
LICENSE PLATE NUMBER
STATE OF ISSUANCE
EXPIRATION
PRINT NAME AND COMPLETE ADDRESS OF PERSON WHO LEFT VEHICLE FOR REPAIR AND/OR TOWING/STORAGE
B. MECHANIC’S LIEN INFORMATION
DATE VEHICLE WAS TOWED AND/OR LEFT FOR REPAIR DATE REPAIRS WERE COMPLETED TOTAL AMOUNT DUE FOR SERVICES (attach a copy of invoice/work order)
DETAILS OF THE ACQUISITION OF THE VEHICLE (attach a separate sheet if necessary)
C. PUBLIC SALE INFORMATION (check one)
■Lien of $2,000 or less (Chapter 770 50/1-50/6) — Notice sent by certified mail to owner(s) and lienholder(s) 30 days prior to sale of vehicle.
Notice published in:
A newspaper circulated in:
, Illinois
■Lien of more than $2,000 (Chapter 770 45/1 et seq. or Chapter 770 90/1 et seq.) Notice sent by certified mail to owner(s) and lienholder(s) 30 days prior to sale of vehicle.
■Self-Service Storage Facility (Chapter 770 95/1 et seq.) — Notice sent by certified mail to owner(s) and lienholder(s) 15 days prior to sale of vehicle.
D. SELLER/BUYER ASSIGNMENT/ODOMETER DISCLOSURE STATEMENT
The above vehicle was lawfully sold at public sale in accordance with the above statutory provisions at which said vehicle was purchased by:
Purchaser’s Printed Name: _________________________________________________________________________________________________________
Purchaser’s Address: ______________________________________________________________________________________________________________
Federal and state laws require that mileage be reported in connection with the transfer of ownership. Failure to complete or providing a false statement may re- sult in fines and/or imprisonment. I certify to the best of my knowledge that the odometer reading is the actual mileage of the vehicle, unless one of the follow-
ing statements is checked: Odometer (No Tenths): ■ 1. The mileage stated is in excess of its mechanical limits.
__________________ ■ 2. The odometer reading is not the actual mileage. WARNING – ODOMETER DISCREPANCY
The undersigned hereby affirms that the labor, services, skill or material provided upon or storage provided for the above described vehicle was completed at the request of or with the consent of its owner, authorized agent of the owner, or lawful possessor thereof in accordance with Illinois Compiled Statutes. Further- more, the undersigned will assume all liability and costs for any and all litigation that may arise from the sale of this vehicle and certifies under penalty of perjury that the facts contained herein are true and correct.
_____________________________________________________________
_______________________________________________________________
Signature of Seller (Mechanic Lienholder Agent’s Name)
Signature of Purchaser(s)
Printed Name of Seller (Mechanic Lienholder Agent and Business Name)
Printed Name of Purchaser(s)
Address of Seller (Mechanic Lienholder Business Address)
Date of Sale/Odometer Disclosure
Printed by authority of the State of Illinois. April 2010 — 1 — VSD 526.12
Mechanic’s Lien Affirmation Instructions
Liens of $2,000 or less (Chapter 770 50/1-50/6)
Conduct Record Search to Determine Vehicle Owner(s) and Lienholder(s)
Contact the Secretary of State, Motor Vehicle Records Division, Record Inquiry Section, in writing requesting a title search to determine the owner(s) and lienholder(s) of the vehicle. A $5 title search fee is required for each vehicle. In the event the Secretary of State did not find information in the vehicle title/registration records, or the person consenting to or requesting service is not an Illinois resident, every effort to identify the owner of the vehicle should also be made by utilizing the vehicle identification number to conduct a search through a nationwide, commercial motor vehicle information service and inspecting the vehicle for any evidence of the name and/or address of the owner or the state of registration. If other such evidence provides information the vehicle is titled/registered in a state other than Illinois, the motor vehicle department or agency within that state will need to be contacted for written confirmation of the last known owner or lienholder.
Notifications to the Owner(s) and Lienholder(s)
After 60 days has lapsed without service payment, the mechanic lienholder must send a certified letter to the owner(s) and lienholder(s) of the vehicle. The notice must indicate the last owner(s) and lienholder(s) name(s), year, make and vehicle identification number (VIN) of the vehicle and amount due and owing. The letter shall further state the intent to enforce a mechanic’s lien pursuant to Chapter 770 ILCS 50/3 unless payment has been received within 30 days and shall further provide the date and location of sale. The mechanic lienholder also must place an ad in a newspaper of general publication for one day listing the last owner’s and lienholder’s name(s), year, make and vehicle identification number (VIN) of the vehicle, and amount due and owing. The notice also must indicate the intent to enforce a mechanic’s lien pursuant to Chapter 770 ILCS 50/3, and provide the date and location of sale giving 30 days notice prior to said sale.
Public Sale
If charges are not paid before the 91st day (60-day lapse plus 30-day notice), the mechanic lienholder may dispose of the vehicle at public sale in accordance with Chapter 770 ILCS 50/4.
Liens of more than $2,000 (Chapter 770 45/1 et seq. and Chapter 770 90/1 et seq.)
Contact the Secretary of State, Motor Vehicle Records Division, Record Inquiry Section, in writing requesting a title search to determine the owner(s) and lienholder(s) of the vehicle. A $5 title search fee is required for each vehicle. In the event the Secretary of State did not find information in the vehicle title/registration records, or the person consenting to or requesting service is not an Illinois resident, every effort to identify the owner of the vehicle should also be made by utilizing the vehicle identification number to conduct a search through a nationwide commercial motor vehicle information service and inspecting the vehicle for any evidence of the name and/or address of the owner or the state of registration. If other such evidence provides information the vehicle is titled/registered in a state other than Illinois, the motor vehicle department or agency within that state will need to be contacted for written confirmation of the last known owner or lienholder.
Notifications to the Owner(s) and Lienholder(s)
After 30 days has lapsed without service payment, the mechanic lienholder must send a certified letter to the owner(s) and lienholder(s) of the vehicle. The notice shall indicate the last owner(s) and lienholder(s) name(s), year, make and vehicle identification number (VIN) of the vehicle and amount due and owing. The letter shall further state the intent to enforce a mechanic’s lien pursuant to Chapter 770 ILCS 45/1 or 90/1 unless payment has been received within 30 days and shall further provide the date and location of sale.
If the owner(s) and lienholder(s) name(s) are unknown, or if the certified mailing is returned as undeliverable, the mechanic lienholder must place an ad in a newspaper of general publication once each week for three consecutive weeks listing the last owner’s and lienholder’s name(s), the year, make and vehicle identification number (VIN) of the vehicle, and amount due and owing. The notice also must indicate the intent to enforce a mechanic’s lien pursuant to Chapter 770 ILCS 45/1 et seq. and 90/1 et seq., and provide the date and location of sale giving 30 days notice prior to said sale. Additionally, the mechanic lienholder also must file an Affidavit with the Clerk of the Circuit Court within the county of jurisdiction. The Affidavit shall indicate the facts of the mechanic’s lien transaction (chronological events of service per- formed leading up to and including the undeliverable and/or unclaimed notices). Undeliverable is referred to as the final disposition of any mailpiece that failed to be placed in the possession of the designated recipient regardless of the postal marking specifying the reason for nondelivery.
If charges are not paid before the 61st day (30-day lapse plus 30-day notice), the mechanic lienholder may dispose of the vehicle at public sale in accordance with Chapter 770 ILCS 45/1 et seq. and 90/1 et seq.
Lien pursuant to Self-Service Storage Facility Act (Chapter 770 95/1 et seq.)
Upon expiration of the allotted rental agreement timeframe without service payment, the owner of a self-service storage facility must hand deliver or send by certified mail an itemized statement of the facility owner’s demand for payment to the vehicle owner(s), storage facility occupant(s) and lienholder(s). The itemized statement must include the vehicle owner’s, storage facility occupant’s and lienholder’s name(s); the amount due and owing at time of statement; the date when the amount became due; and a brief and general description of the property subject to the lien (year, make and vehicle identification number (VIN) of the vehicle). If the rental agreement contains a notice of denial of access to the vehicle, such itemized statement must also provide the name, location and contact information the vehicle
owner/occupant/lienholder may contact to respond to this notice. The statement must indicate the intent to enforce a mechanic’s lien pursuant to Chapter 770 ILCS 95/1 et seq. unless payment has been received within a minimum of 14 days and shall further provide the date and location of sale. After 14 days minimum has lapsed without service payment, the owner of a self-service storage facility also must place an ad in a newspaper of general publication in the location of the facility once each week for two consecutive weeks listing the last owner’s, storage facility occupant’s and lienholder’s name(s); the year, make and vehicle identification number (VIN) of the vehicle; name and address of the facility; and time, place and manner of the sale.
If charges are not paid before the 15th day after the first newspaper publication, the owner of the self-service storage facility may dispose of the vehicle at public sale in accordance with Chapter 770 ILCS 95/1 et seq.
Mechanic’s Lien
A mechanic’s lien may be established against a vehicle by an individual or company after the vehicle’s owner or person consenting to such service fails to pay and leaves the vehicle in the custody of the individual or company for an extended period of time.
If an individual or company has repaired, provided service, supplies and materials, towed and/or stored a vehicle with the consent of the vehicle owner and has not been paid for the services rendered, a mechanic’s lien may be enforced on a vehicle currently in their possession by obtaining a Certificate of Title for the vehicle on which the labor, service, materials or storage were expended pursuant to the following statutes: ILCS Chapter 770, Sections 50/1 through 50/6 and 770 Sections 45/1 et seq and 90/1 et seq. Each statute identifies the specific requirements set forth with which to obtain title based on the total amount of the lien. Liens imposed due to the Self-Service Storage Facility Act are enforced pursuant to Chapter 770, Sections 95/1 et seq. After taking the required actions to establish a mechanic’s lien, the individual or company may sell the vehicle at public auction in order to recoup the monies owed by the vehicle owner.
Important Facts to Remember
•If the mechanic lienholder asserts a fee that is not reasonably related to the work performed, those charges may not be considered as part of the overall bill for services rendered. An example is administrative costs or title searches related to disposal of the vehicle. The mechanic lienholder must set forth with specificity the items of labor and material and their corresponding values that comprise the lien. Inflated costs and/or inappropriate calculations/monetary values may be subject to further investigation.
•To enforce a mechanic’s lien, the vehicle owner’s consent is required. Documentation provided to the Secretary of State must indicate consent, whether express or implied. If a person signs a document stating that he or she agrees to the written statement of charges for completed work or services, express consent is given. Without this signature, consent is very difficult to prove.
•A vehicle owner parking inappropriately consents to removal by towing of his or her vehicle where notice that unauthorized vehicles will be towed from such property is provided pursuant to state law, local ordinances or regulation by any state or local agency. Implied consent is inferred by the vehicle owner’s actions and the vehicle may be relocated by a licensed agent. Proof of tow authorization by the property owner or law enforcement agency is required.
•Towing agencies may enforce a mechanic’s lien for service, supplies and materials, towing and/or storage for vehicles towed pursuant to the order of a law enforcement official or agency. Proof of tow authorization by the law enforcement agency is required.
•A property owner may not use the mechanic’s lien process to dispose of a vehicle, even though the requirement of the sign does not apply to residential property clearly reserved or intended exclusively for the use or occupation of residents or their vehicles, without proving consent to service by the vehicle owner. Illinois law provides for the disposal of abandoned or unclaimed vehicles by a law enforcement agency authorizing a towing agency to remove the vehicle from said property.
•The mechanic lien process is intended for intact vehicles with no significant damage. Vehicles sustaining major damage may not qualify for a clear, regular certificate of title.
•The mechanic’s lien process MAY NOT begin until 60 days has lapsed without service payment for liens of $2,000 or less, or until 30 days has lapsed without service payment for liens of more than $2,000. A mechanic’s lien transaction in violation of these provisions of the Illinois Compiled Statutes will be returned.
Documents Required to Transfer Ownership
1.Mechanic’s Lien Affirmation (VSD-526) completed in full by the seller (mechanic lienholder) and purchaser of the vehicle.
2.Application for Vehicle Transaction(s) (VSD-190) completed in full in the name of the individual/business acquiring the vehicle pursuant to the mechanic lien sale.
3.Verification of Ownership — Title Search conducted by the Secretary of State, Motor Vehicle Records Division, and, if applicable, an out-of-state motor vehicle de- partment or agency.
4.Proof of Notifications:
•Notices by Certified Mail — Original or copy of the actual letters mailed certified, the U.S. Post Office date stamped receipts for certified mail (PS form 3800) and signed, return receipt (PS Form 3811), together with any unopened certified letter(s) returned by the post office as undeliverable, unclaimed, etc. mailed to the owner(s) and lienholder(s).
•Notice of Service (if Applicable) — Affidavit of Service filed with the Clerk of the Circuit Court with liens in excess of $2,000 for unknown owners/lienholders and/or undeliverable mailings.
•Notices by Newspaper Publication — Original or copy of the actual newspaper publication(s) published and the Certificate of Publication identifying the name of the publication and publication dates.
5.Copy of the invoice/work order reflecting the vehicle information; services rendered; date the vehicle was brought in for service; complete name, address, contact information and signature of the owner; name of authorized agent of the owner or lawful possessor thereof who brought the vehicle in consenting to service; and total amount due.
6.Appropriate title fee — $95 for Certificate of Title, $4 for Salvage Certificate or No-fee for Junking Certificate.
7.Appropriate sales tax form and sales tax payment payable to Illinois Department of Revenue.
Filling out the Cyberdrive Illinois Mechanic's Lien form is a necessary step for a mechanic or storage facility to lay a legal claim on a vehicle for unpaid services. This formality ensures that the owed party can recoup losses by eventually gaining ownership to sell the vehicle if the debtor fails to pay. Carefully following each step in the process is crucial to comply with Illinois law and ensure your claim is valid and enforceable.
Upon submission, the information provided will be reviewed by the Secretary of State. If everything is in order, the mechanic or storage facility will be issued a new title for the vehicle, enabling them to proceed with the sale to recover the unpaid debts. It's important to follow all the steps and meet all legal requirements to ensure the lien is properly enforced.
What is a Mechanic's Lien Affirmation in Illinois?
A Mechanic's Lien Affirmation is a legal document used in Illinois to establish a mechanic's lien against a vehicle. This lien allows an individual or a company that has provided repair, service, supplies, materials, towing, and/or storage for a vehicle and has not been paid, to enforce a claim on the vehicle. Essentially, it's a way to secure payment for services rendered when the vehicle's owner fails to pay, by obtaining a Certificate of Title for the vehicle under certain statutes provided by the Illinois Compiled Statutes (ILCS).
How does one begin the process of obtaining a mechanic's lien?
The process starts by conducting a title search through the Secretary of State's Motor Vehicle Records Division to identify the vehicle's owner(s) and lienholder(s). A fee is required for this search. If the owner isn't an Illinois resident or if the vehicle isn't registered in Illinois, efforts must be made to locate the owner using the vehicle identification number (VIN) and possibly contacting the motor vehicle agency in the state where the vehicle is registered. Following this, specific steps of notification and public auction are detailed in the Cyberdrive Illinois instructions based on the amount of the lien.
What are the differences in process for liens of $2,000 or less and those more than $2,000?
For liens of $2,000 or less, after a 60-day period without payment, a mechanic lienholder must notify the owner(s) and lienholder(s) with a certified letter and publish a notice in a local newspaper. If payment is not received within 30 days, the vehicle can be sold at a public sale after 91 days in total. For liens of more than $2,000, the notification process must begin after just 30 days of nonpayment, and, in addition to sending certified letters and newspaper publication, an affidavit must be filed with the Clerk of the Circuit Court. The sale can proceed after 61 days if payment is still not made.
What is required for a lien under the Self-Service Storage Facility Act?
Similar to other types of liens, it starts with a title search. If payment has not been made by the end of the rental agreement period, the storage facility owner must send an itemized statement of demand for payment and provide notice of intent to enforce a mechanic's lien, essentially following a similar procedure to the general mechanic's lien process, but tailored to the context of self-service storage facilities.
What are the necessary documents to transfer ownership under a mechanic's lien?
The key documents include the Mechanic’s Lien Affirmation (VSD-526) filled out by the seller and buyer, an Application for Vehicle Transaction(s) (VSD-190), proof of a title search, proof of notifications (certified mail and newspaper publication), a copy of the invoice or work order, the appropriate title fee, and the sales tax form with payment.
How important is vehicle owner consent in the mechanic's lien process?
Owner consent is crucial for enforcing a mechanic's lien. The consent may be express, shown through signature agreeing to the charges for completed work, or implied, such as when a vehicle is towed from a private property with clear notices. Without some form of consent, proving a legitimate claim against the vehicle can be challenging.
What if the mechanic lienholder’s charges are disputed?
If the charges appear unreasonable or not directly related to the performed work, they might not be considered valid for a mechanic's lien. It's vital that the lienholder itemizes the services and charges clearly. Inflated or unrelated costs could lead to legal scrutiny and potential disqualification of the lien claim.
What happens if the mechanic's lien process is initiated prematurely?
The process for a mechanic’s lien cannot start until after a specific waiting period has lapsed without payment (60 days for liens of $2,000 or less and 30 days for liens over $2,000). Initiating the process prematurely could result in the rejection of the lien transaction according to Illinois Compiled Statutes.
Filling out the Cyberdrive Illinois Mechanics Lien form requires attention to detail and thoroughness. Mistakes can delay the process or invalidate the lien, causing frustrations and potentially financial losses. Below are nine common mistakes people make when filling out this form:
**Not conducting a thorough vehicle owner and lienholder search**: Failing to request a title search from the Secretary of State, Motor Vehicle Records Division, or not utilizing nationwide vehicle information services can result in incomplete information on the form.
**Incomplete General Vehicle Information**: Skipping details such as the year, make, model, or not providing the complete VIN can lead to processing delays.
**Incorrect Service Dates**: Misstating the date the vehicle was towed/left for repair or the date repairs were completed might affect the validity of the lien.
**Failing to attach necessary documentation**: Not attaching a copy of the invoice/work order is a common oversight that can cause the submission to be rejected.
**Inaccuracies in Mechanic's Lien Information**: Under or overestimating the total amount due for services or leaving out details about the acquisition of the vehicle can compromise the lien’s enforceability.
**Incorrect Public Sale Information**: Choosing the wrong lien category or providing inaccurate notice details (especially regarding the publication or certified mailing requirements) can invalidate the sale process.
**Odometer Disclosure Errors**: Either not completing the Odometer Disclosure Statement section or providing incorrect information may result in fines or legal penalties.
**Forgetting signatures and dates**: Neglecting to have the seller and buyer sign, or failing to include the sale date undermines the document's legality.
**Not providing proof of notifications**: Skipping the step to attach evidence of notifications sent to the owner(s) and lienholder(s) via certified mail or published in a newspaper as required can nullify the lien process.
Ensuring the form is completed meticulously and all required documentation is attached are crucial steps in securing a mechanic’s lien under Illinois law. Avoid these common errors to help streamline the process and protect your financial interests.
Filing a mechanic's lien in Illinois requires navigating through specific legal procedures and preparing various forms and documents to establish and enforce the lien effectively. In addition to the Cyberdrive Illinois Mechanic's Lien Form, several other important forms and documents are often needed throughout this process. Understanding these documents will help ensure the procedure is handled correctly, offering reassurance to those involved in this legal matter.
Properly compiling and submitting these forms and documents is key to successfully navigating the mechanic's lien process in Illinois. Addressing each requirement with diligence and attention to detail will assist in resolving the matter efficiently and legally, providing a clear pathway to recovering the owed amount or transferring vehicle ownership under the lien conditions.
The Cyberdrive Illinois Mechanics Lien form is comparable to several other legal documents that serve to protect the rights of individuals and entities by securing payments or ownerships, such as the Notice of Lien, UCC-1 Financing Statement, and Claim of Lien documents. Each of these forms, while serving different sectors and purposes, shares common grounds in terms of providing a legal pathway to claim rights over properties, products, or payments.
Notice of Lien is a document primarily used in the real estate sector but can apply to personal property as well. It is similar to the Cyberdrive Illinois Mechanics Lien form in that both are filed to secure payments owed to the claimant. The main difference lies in the scope and application; while a mechanics lien is specifically for automotive or construction work, a Notice of Lien is broader and can be used for other types of property beyond vehicles. Both require detailed information about the debt, the property, and the parties involved and aim to notify interested or involved parties that a claim is being made against the property in question.
The UCC-1 Financing Statement is another document with similarities to the Illinois mechanics lien form. It is a legal form that a creditor files to give public notice that it has an interest in the personal property of a debtor (a security interest). Like the mechanics lien, the UCC-1 helps to establish priority in case of debtor default or bankruptcy. However, the UCC-1 is broader in its application, covering a wide range of personal property, not just vehicles. Both forms are crucial for protecting the financial interests of the filer and are necessary for different legal procedures to reclaim owed values.
Lastly, the Claim of Lien document, often used in construction, is utilized to claim a right to a security interest in a property by someone who has supplied labor or materials that improve the property. This form is similar to the mechanics lien form in that both are used to ensure payment for services rendered that enhance the value of a property. The Claim of Lien must be filed within a specific timeframe after the work is completed, similar to the mechanics lien process, which also has strict deadlines for filing to be considered valid. Though the contexts may differ—construction versus automotive—the core purpose unites them: to secure a lien against the property to guarantee payment.
When dealing with the Cyberdrive Illinois Mechanics Lien form, it's crucial to handle the process accurately to ensure your rights are protected and you follow the legal procedures correctly. Here's a guide on what you should and shouldn't do.
Things You Should Do:
Things You Shouldn't Do:
Following these guidelines when filling out the Cyberdrive Illinois Mechanics Lien form will help ensure that you complete the process legally and thoroughly, protecting your rights to compensation for services provided.
There are several common misconceptions about filing a Mechanic's Lien in Illinois, particularly regarding the Cyberdrive Illinois Mechanic's Lien form. Understanding these misconceptions can help individuals navigate the process more effectively. Here are six misunderstandings frequently encountered:
Understanding these misconceptions is crucial for anyone looking to file a mechanic's lien in Illinois. It ensures that the process is carried out correctly, legally, and without unnecessary delays.
Filling out the Cyberdrive Illinois Mechanics Lien form is a crucial process for individuals or companies seeking to claim a lien on a vehicle for unpaid services, storage, or materials. Here are six key takeaways to help guide you through this process:
Properly completing the Cyberdrive Illinois Mechanics Lien form and adhering to these guidelines ensure a smoother process for reclaiming the amount owed for services, supplies, or storage provided. It emphasizes the importance of thorough documentation and adherence to state statutes.
Il W2 - Intended to resolve disputes efficiently, preventing further litigation costs for both parties.
State of Illinois Domestic/foreign Corporation Annual Report - Illinois requires LLCs to file this form when changing their registered agent or office addresses.