NMSA 48-3-1. Liens for manufacture or repairs; motor vehicles
AI-assisted research summary: Artisans and mechanics get liens for unpaid work, may keep possession until paid, and may repossess a motor vehicle subject to the lien.
48-3-1. Liens for manufacture or repairs; motor vehicles. A. All artisans and mechanics shall have a lien on things made or repaired by them for the amount due for their work, and may retain possession thereof until said amount is paid. Any person or corporation who repairs any motor vehicle or furnishes parts therefor, at the request or with the consent of any person lawfully in possession of any such motor vehicle, shall have a lien upon such motor vehicle or any part or parts thereof for the sum due for repairing the same, and for labor furnished thereon and for all costs incurred in enforcing such lien and may detain such motor vehicle in possession until such lien be paid. B. While the artisan or mechanic retains possession of a motor vehicle, the possessory lien has priority over any other liens, including recorded liens on the motor vehicle. If the artisan or mechanic releases possession of the motor vehicle due to the acceptance or receipt of a check, draft or written order for payment of the indebtedness due thereon, but the check, draft or written order for payment is returned because of insufficient funds, no account, closed account or issuance of a stop-payment order, the possessory lien on the motor vehicle shall continue for a period of thirty days from the date actual possession was relinquished. At the expiration of such period, the artisan's or mechanic's lien shall continue but shall be subordinate to prior recorded liens on the motor vehicle. The lien shall not be applicable to a bona fide purchaser for value without notice of an artisan's or mechanic's lien or to a bona fide encumbrancer for value without notice of the artisan's or mechanic's lien, if the sale or encumbrance occurs subsequent to the artisan or mechanic releasing possession. C. At any time the artisan or mechanic may repossess the motor vehicle upon which a lien is claimed. D. In the event of a lawsuit relating to the possession of a motor vehicle and the indebtedness due thereon, a court may, in its discretion, award reasonable attorney's fees to the prevailing party. History: Laws 1851-1852, p. 241; C.L. 1865, ch. 77(2d), § 13; C.L. 1884, § 1536; C.L. 1897, § 2233; Code 1915, § 3333; Laws 1917, ch. 65, § 1 (3333); 1923, ch. 24, § 1 (3333); C.S. 1929, § 82-401; 1941 Comp., § 63-301; 1953 Comp., § 61-3-1; Laws 1977, ch. 46, § 1.