The Missouri 1062 form is an essential document for mechanics and storage facility operators who need to apply for a mechanic lien title. This affidavit verifies that a motor vehicle, trailer, all-terrain vehicle, manufactured home, vessel, or outboard motor is in possession due to the owner's default on payment for repairs or storage. It outlines the process for notifying owners and lienholders, listing the required documentation for titling purposes, and the associated fees. For those looking to secure a mechanic lien title, ensure you've gathered all necessary documents and understand the submission process by clicking the button below.
When individuals or businesses in Missouri find themselves facing unpaid debts for services rendered in repairing, storing, or towing vehicles, trailers, all-terrain vehicles, manufactured homes, vessels, or outboard motors, the Missouri 1062 form becomes a crucial tool in their arsenal. Designed by the Missouri Department of Revenue, this form is an affidavit that enables the aggrieved party, typically a mechanic or storage facility owner, to claim a mechanic lien title over the vehicle or vessel in question. This process is initiated when the property owner defaults on payment, and as a result, the claimant certifies possession of the vehicle or vessel due to non-payment. Important steps involve completing a detailed application, providing documentation such as the signed work order or storage agreement, and submitting evidence of notifying the original owner and any lienholders via certified mail. Further, the form requires disclosure of specific details such as the amount owed, the date of the owner's default, and the duration of the payment being overdue, alongside a mandatory waiting period post-notification to allow for payment settlement—a critical period governed by Missouri state law. Additionally, this document emphasizes the necessity of a notarized statement to affirm the claim's authenticity, establishing a legitimate pathway for individuals or entities to secure rights to a mechanic lien title. With a modest fee, this procedure not only underscores the legal framework in place for resolving such financial disputes but also highlights the state's commitment to protecting the rights and interests of service providers in the face of non-payment.
Form
Missouri Department of Revenue
1062
Affidavit for Mechanic Lien Title
Owner Information
All Lienholders Information
I certify that the motor vehicle, trailer, all-terrain vehicle, manufactured home, vessel, or outboard motor listed below is in my possession and that the owner of said unit has defaulted in payment. The total amount of repair and storage that is noted below has not been paid as evidenced by the attached work order or storage bill. The owner and lienholder listed below were notified of this debt by certified mail on the date noted. Copies of the notification letter(s) and the certified mail card(s) have been submitted with this affidavit. Neither the owner nor the lienholder has paid, or made satisfactory arrangements for payment of, storage or service towing charges within 30 days since notification of my intent to title the unit. See requirements on reverse.
Year
Make
Vehicle or Manufacturer’s Identification Number
Amount of Repair or Storage
__ __ __ __
$
Titled Owner’s Name
Number of Months Payment Overdue (minimum of 45 days)
Owner’s Address
City
State
Zip Code
Name of Vehicle Owner’s Lienholder
Street Address
Name of Mechanic or Garage
Date Owner Notified by Certified Mail (MM/DD/YYYY)
Signature of Applicant
__ __ /__ __/__ __ __ __
Notary Information
Embosser or black ink rubber stamp seal.
Subscribed and sworn before me, this
day of
year
County (or City of St. Louis)
My Commission Expires
Notary Public Signature
Notary Public Name (Typed or Printed)
Have you included: r Completed application
rCompleted affidavit
rSigned work order, storage agreement, or tow agreement
rSigned certified mail notification or unclaimed returned envelope
rTitling fees and processing fees
Form-1062 (Revised 06-2013)
Mechanic Lien Titles
In order to apply for a mechanic lien title for a motor vehicle, trailer, all-terrain, manufactured home, vessel or outboard motor, you must submit the following:
1.A completed and signed application for Missouri Title and License, DOR-108 (for motor vehicles, trailers, all-terrain vehicles and manufactured homes), or a completed and signed Application for Missouri Boat, Vessel, or Outboard Motor Title and Registration, DOR-93 (for vessels or outboard motors). For type of title, record “mechanic lien.”
2.The original or a copy of the written request for labor, services, skill, materials or storage costs signed by the owner, his agent, or at the written request of a peace officer in lieu of the owner or owner’s agent, where such owner or agent is not available to request storage, with the maximum amount to be charged as stated.
3.A notarized affidavit from the holder of the property certifying that the owner has defaulted on payment of labor, services, skill, or materials and that payment is 45 days past due, or that the owner has defaulted on payment, or has failed to make satisfactory arrangements for continued storage of the chattel for 30 days since notification by mail of intent to title.
4.A statement showing the outstanding balance for all labor, services, skills, materials or storage costs accumulated up to the date of application for title.
5.A check for $12.50 made payable to the Missouri Department of Revenue. The Missouri Department of Revenue may electronically resubmit checks returned for insufficient or uncollected funds.
Note: All requests for mechanic lien titles will be held for the 30 day notification period as required by law.
Mail to: Motor Vehicle Bureau
Phone: (573) 526-3669
Visit dor.mo.gov
P.O. Box 2076
Fax: (573) 751-5209
for additional information.
Jefferson City, MO 65105-2076
E-mail: mvbmail@dor.mo.gov
When you find yourself in possession of a vehicle due to unpaid mechanic or storage fees, the state of Missouri provides a legal pathway to claim your compensation through a mechanic's lien. This process is facilitated by the Missouri Department of Revenue using Form 1062, an essential document that essentially allows mechanics or storage facility operators to assert their right over a vehicle until their dues are paid. Before diving into the form, it's crucial to have gathered all the necessary paperwork, including the signed work order, storage agreement, or tow agreement, as well as evidence of certified mail notification to the vehicle owner and any lienholders regarding the outstanding charges.
Once all documents are submitted, they will be held for a 30-day notification period as required by Missouri law. This waiting period is essential for protecting the rights of all parties involved by giving the vehicle's owner or any lienholders one last opportunity to settle the outstanding debt before the mechanic lien is enforced. It is a good practice to keep copies of all documents submitted for your records.
The Missouri 1062 form, also known as the Affidavit for Mechanic Lien Title, serves a crucial function in the process of securing a mechanic's lien on a vehicle. It allows mechanics or storage facility operators to formally declare that they have possession of a motor vehicle, trailer, all-terrain vehicle, manufactured home, vessel, or outboard motor due to the owner's failure to pay for repairs or storage. By completing this form, the individual or entity can initiate the process to obtain a lien title, indicating their right to hold the vehicle until payment is received.
When submitting the Form 1062 to apply for a mechanic lien title, the following documents must be provided:
Furthermore, copies of the notification letter(s) sent to the vehicle owner and any lienholders by certified mail, as well as the certified mail card(s), should be included to demonstrate that they were properly informed about the intent to impose a lien on the vehicle.
After notifying the vehicle’s owner and any lienholders by certified mail about the outstanding debt and your intent to claim a mechanic lien, you must wait for a minimum notification period of 30 days. This period allows the owner or lienholders an opportunity to make payment or object to the lien. Only after this 30-day period has elapsed without payment or satisfactory payment arrangements can you proceed with the application for a mechanic lien title using the Missouri 1062 form.
There is a mandatory filing fee of $12.50 associated with the application for a mechanic lien title using Form 1062. This fee covers the processing of the application by the Missouri Department of Revenue. Payment must be made by check, payable to the Missouri Department of Revenue. It's important to note that if the check is returned for insufficient or uncollected funds, the Department has the authority to electronically resubmit the check for payment.
Filling out the Missouri 1062 form, which is used to apply for a mechanic's lien title, requires attention to detail and a clear understanding of the process. People often make mistakes that can delay or invalidate their application for a mechanic lien title. Here's a list of common errors:
To avoid these mistakes, take the time to review the entire form and its attachments carefully before submission. Ensure that all documentation is complete and accurate, and that the application complies with the Missouri Department of Revenue's requirements. Remember, attention to detail can save time and prevent unnecessary setbacks in obtaining a mechanic's lien title.
When dealing with the intricacies of claiming a mechanic lien title in Missouri, leveraging Form 1062 is just the starting point. Several key documents complement this form, ensuring a seamless and effective process. Understanding each document’s role is crucial for stakeholders navigating the mechanic lien title acquisition. Below is an outline and brief description of these necessary documents.
Together, these documents form a comprehensive toolkit for anyone looking to navigate the mechanic lien title process with confidence. Careful preparation and submission of these forms ensure compliance with Missouri laws, helping to avoid potential pitfalls and delays. Each document serves a distinct function, from asserting a mechanic’s claim to providing necessary ownership and identification details, streamlining the path to resolution and title acquisition.
The Missouri 1062 form is similar to the Uniform Commercial Code (UCC-1) financing statement in that both are legal documents asserting a party's financial interest over another party's property to assure debt repayment. Like the 1062 form, the UCC-1 is filed to publicly announce a lien—in this case, a security interest on personal assets other than real estate. Both documents serve as a public declaration that creditors have a claim on the property as security for debt, providing a legal method to enforce such claims if necessary. However, the 1062 form specifically relates to mechanic's liens on vehicles and similar property for unpaid repairs or storage, while the UCC-1 can pertain to a broader range of personal property and is more commonly used in business finance and commercial transactions.
Another document similar to the Missouri 1062 form is the Notice of Lien (NOL) used in construction. This notice is a legal claim filed by contractors, subcontractors, or material suppliers on a property where they have supplied labor or materials but have not been paid. Both the 1062 form and the Notice of Lien serve the purpose of ensuring payment for services rendered; however, they pertain to different types of property and situations. The Missouri 1062 form applies to movable assets like vehicles and ships, specifically for unpaid storage or repair bills, whereas the Notice of Lien is primarily related to real estate improvements. Despite these differences, at their core, both documents are crucial for creditors in safeguarding their financial interests through legal means.
The Mechanic's Lien itself, from which the Missouri 1062 form derives its category, mirrors the essence of the 1062 form but in a more general sense. Mechanic's Liens are essential for individuals and businesses in the construction industry, allowing them to claim a security interest in property over which they have provided labor or materials but haven't received payment. While the Missouri 1062 form is a specific manifestation of a mechanic's lien intended for personal property like vehicles, the general concept of a Mechanic's Lien applies more broadly to real property. The fundamental similarity lies in their function: they both enable individuals or businesses to recoup money owed to them for work performed, underscoring the importance of such legal tools in commerce and service provision.
When filling out the Missouri 1062 form for a Mechanic Lien Title, it's essential to pay attention to both the information you should include and the common mistakes to avoid. This guidance helps ensure the process is completed smoothly and without unnecessary delays.
Things You Should Do
Things You Shouldn't Do
When dealing with the Missouri 1062 form, also known as the Affidavit for Mechanic Lien Title, there are a number of misconceptions that need clarification to ensure individuals are informed about the correct procedures and requirements. Here are ten common misconceptions debunked:
The form can be used immediately after services are rendered. In reality, the owner must default on payment for at least 45 days, and efforts to notify them must have been made.
It's only applicable for motor vehicles. The form also applies to trailers, all-terrain vehicles, manufactured homes, vessels, or outboard motors.
Any mechanic or garage can file it. The person or entity filing must have possession of the vehicle or item in question and must have made attempts to notify the owner and any lienholders.
Verbal agreements are sufficient for filing. A signed work order or storage agreement, plus documentation of the certified mail notifications, are required.
Notarization is optional. Notarization is a strict requirement for the affidavit part of the form to be valid.
There's no need to prove notification attempts. Copies of the notification letter(s) and the certified mail card(s) must be submitted with the affidavit to prove that attempts were made to notify the owner and lienholders.
Filing fees are negotiable. A fixed filing fee of $12.50 payable to the Missouri Department of Revenue is mandatory.
The process is immediate. There is a required 30-day notification period before the Department of Revenue will process the request for a mechanic lien title.
All you need is the Missouri 1062 form. In addition to this form, a completed and signed application for title (DOR-108 or DOR-93, depending on the property type), and a statement showing the outstanding balance for services or storage, are also required.
Email submission is permitted. The documentation must be mailed to the Motor Vehicle Bureau as outlined on the form; electronic submissions are not accepted.
Understanding these key areas where misconceptions arise can help ensure that the process of filing a mechanic lien title through the Missouri 1062 form is smooth and compliant with state requirements. It's crucial to follow the detailed guidelines provided by the Missouri Department of Revenue to avoid delays or rejections of your filing.
Filling out and using the Missouri 1062 form is essential for mechanics and garage owners seeking to claim a lien for unpaid repairs, services, or storage fees on vehicles, trailers, all-terrain vehicles, manufactured homes, vessels, or outboard motors. Understanding the key takeaways can simplify the process and ensure that all legal requirements are met. Below are six vital points to remember:
Following these steps diligently will help in successfully securing a mechanic lien title in Missouri. The process may seem complex, but it ensures that all parties have a fair chance to settle their debts before the lien is enforced. It's a protective measure for mechanics and garage owners to recover funds for their labor and services.
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