A Massachusetts garage that stores a vehicle after an accident or a repair can claim a lien on the vehicle under M.G.L. c. 255 s. 39A. The statute gives the garage the right to hold the vehicle until the storage and repair charges are paid, and it sets a 21-day notice rule that protects the registered owner. Quick Tow Boston explains how the rule works and what it means for drivers who leave a vehicle at a garage.
What a garage-keeper lien is
A garage-keeper lien is a legal claim that a garage can place on a vehicle in its possession when the owner has not paid for the storage or the repairs. The lien gives the garage the right to hold the vehicle until the charges are paid, and in some cases the right to sell the vehicle at a public auction to recover the charges.
Massachusetts law recognizes two kinds of garage-keeper claims: a repair lien, which covers the cost of repairs performed on the vehicle, and a storage lien, which covers the cost of storing the vehicle. M.G.L. c. 255 s. 39A is the storage-lien statute, and it sets a specific procedure the garage must follow.
The most common garage-keeper situations are a vehicle towed to a garage after an accident and never picked up, a vehicle left at a repair shop after the owner stopped responding, and a vehicle stored pending an insurance claim.
The 21-day notice rule
M.G.L. c. 255 s. 39A requires the garage to send a notice to the registered owner and any lienholder before selling the vehicle or taking other enforcement action. The notice must:
- Identify the vehicle
- State the amount of the storage and any repair charges
- State that the garage intends to claim a lien
- Give the owner 21 days from the date of the notice to pay the charges or make arrangements to retrieve the vehicle
- Be sent by certified mail to the registered owner and any lienholder of record
If the owner does not respond within 21 days, the garage may sell the vehicle at a public auction, with the proceeds applied to the storage and repair charges. Any surplus goes to the former owner.
A driver who receives a 21-day notice has 21 days to respond, and the response can be paying the charges, arranging pickup, or disputing the charges in writing. A driver who does nothing within 21 days risks the vehicle being sold at auction.
What “prevailing rates” means
The statute refers to “prevailing rates” for storage, but it does not set a specific dollar amount. The dollar storage cap for non-consensual tows is set by the DPU under 220 CMR 272.00 at $35 per 24 hours at a fenced-lit lot or $17.50 at other outdoor storage, and that cap is what most garages in Massachusetts use as the prevailing rate.
A driver who is billed above the DPU maximums can dispute the overage. The DPU’s Transportation Division is the regulator for rate complaints, and a complaint that includes the receipt and the rate comparison is a record the DPU can review.
How a driver protects themselves
The simplest protection is to retrieve the vehicle as soon as the garage releases it. Storage is the charge that grows, and a vehicle that sits at a garage for weeks racks up a bill that can exceed the value of the car.
A driver who cannot retrieve the vehicle right away should stay in contact with the garage. A written agreement to a storage plan, with a target retrieval date, can prevent the 21-day notice from being triggered.
A driver who receives a 21-day notice should respond in writing within 21 days, even if the response is a dispute. A written dispute pauses the auction process and creates a record.
What the garage cannot do
A garage cannot sell a vehicle without sending the 21-day notice. A garage cannot charge above the prevailing rates. A garage cannot refuse to release the vehicle once the charges are paid. A garage cannot refuse to allow the registered owner to inspect the vehicle during business hours.
A driver who believes the garage has violated any of these rules can file a complaint with the Massachusetts Attorney General’s office or with the DPU’s Transportation Division.
What Quick Tow Boston can and cannot do
Quick Tow Boston does not handle garage-keeper disputes. We connect drivers with independent local operators for new tows at the side of a road or in a parking lot. If a vehicle is in a garage under a lien claim, the right starting point is the garage’s office and the statutes that govern the dispute.
For a vehicle that needs a tow from a garage to another location, the operator quotes the job before the truck rolls, and the tow is a consensual tow that follows the operator’s pricing.
Frequently asked questions
What is the 21-day rule under c. 255 s. 39A? A garage that intends to claim a lien must send a notice to the registered owner and any lienholder, giving the owner 21 days from the date of the notice to pay the charges or arrange retrieval.
Can a garage sell my vehicle without notice? No. M.G.L. c. 255 s. 39A requires a 21-day notice sent by certified mail to the registered owner and any lienholder before the vehicle can be sold.
What is the prevailing storage rate in Massachusetts? The statute does not set a specific dollar amount. The DPU maximums under 220 CMR 272.00 cap non-consensual tows at $35 per 24 hours at a fenced-lit lot or $17.50 at other outdoor storage, and most garages use that cap as the prevailing rate.
Does Quick Tow Boston handle garage-keeper disputes? No. We connect drivers with independent local operators for new tows. For a garage-keeper dispute, contact the garage and the Massachusetts Attorney General’s office.
When to call us
Call when a vehicle is disabled at the side of a road or in a parking lot and needs a local operator sent, not when a vehicle is in a garage under a lien claim. Quick Tow Boston connects drivers with independent local operators across Greater Boston, and the operator quotes the price before anyone is dispatched. Calls are recorded after a notice. Reach the dispatch line at (857) 858-5057.