State law sometimes affords lienholders and lessors significant protections that remain underused because they are not widely understood.
In this regard, we are fortunate to have a guest star for this issue—Massachusetts attorney Kevin J. Kiely, of Kiely & Ferrante, LLC, who highlights Massachusetts General Laws, Chapter 255, Section 35, which provides that a lienholder or lessor may invalidate a garage keeper’s lien by taking a single timely step: sending a written demand for the vehicle’s return within 90 days after the garage takes possession.
This statutory protection serves as a strong defensive tool. If the written demand is made within the 90-day period, the statute provides that the lienholder/lessor shall prevail, meaning that the garage keeper’s lien is extinguished as a matter of law, regardless of any asserted repair or storage charges.
Accordingly, lienholders and lessors may preserve clear title and recover their vehicles without paying disputed fees, provided they act promptly and comply with the statute’s written-notice requirement.
Key Takeaways
- Timeliness is essential. The 90-day deadline runs from the date the garage takes possession of the vehicle. Missing this window forfeits the protection.
- Written demand is required. Only a properly documented written request for return satisfies the statute; informal phone calls or emails are insufficient.
- Lien extinguishment is automatic. Once a timely written demand is made, the garage keeper’s lien no longer attaches to the vehicle.
Recommended Best Practices
To make full use of this valuable protection, lienholders and leasing companies should adopt procedures to identify and respond quickly when vehicles are taken by garages or storage facilities.
Effective practices include:
- Prepare a standard written demand template that complies with statutory requirements.
- If sending a letter directly is not possible, establish a process for local counsel to send it.
By implementing these measures, lienholders and lessors can preserve their rights, limit exposure to unnecessary charges, and streamline vehicle recovery efforts—a practical advantage that Massachusetts law expressly affords to those who act within the prescribed period.