Request By:
Honorable Alan T. Slyn
310 West Liberty Street
Suite 510
Louisville, Kentucky 40202
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter of July 31, 1981, in which you ask when the time for the recording of a mechanic's lien statement under KRS 376.270 begins to run.
It is the opinion of this office that under KRS 376.270, the time for recording the lien begins to run from the time that possession is given up by the repairman rather than from the time when the work on the motor vehicle is completed.
As your letter mentions, KRS 376.270 confers a lien to any person engaged in the business of selling, repairing or furnishing accessories or supplies for a motor vehicle for the reasonable or agreed charges. KRS 376.270 goes on to state that the lien shall not be lost by the removal of the motor vehicle if the lien is asserted within six months. This language leads this office to believe that a person maintains a lien for as long as possession of the vehicle is maintained, and if possession is relinquished, maintains that lien if a lien statement is recorded within six months of the removal of the vehicle.
It is hoped that this has adequately answered your question.