OK, so here's the drama: Work was finished on a customer car, but she wont pick it up. its been here a little over 3 weeks. I'm trying to be a nice guy, but i need the space. I've called her three times and asked her to come get it and she keeps pushing me off. I called her one last time and told her that storage fees were piling up and if its not gone by X that I would put a lien on it. Now for the dilemma: The car is from Kentucky. The owner started, but never finished the registration process and is claiming that she no longer has the folder with all the paperwork in it. So even if I get a lien on it, I do not believe that I would be able to sell it or register it without the appropriate paperwork. I can't push it out on the street because if it gets ticketed and impounded, then I do believe that I would be liable to the owner. I'm still planning on filing for a lien if she doesn't come get it that way if she doesn't come get it at least I have some power to do something if i can come up with a solution. What says the peanut gallery?
Contact your local DMV Or you could Google it like I did. https://www.avvo.com/legal-guides/ugc/how-to-file-a-mechanics-lien-in-california
If you are an shop, or even a person, you do the paper work for state of California DMV lien, I believe it has all the info they need,, fill out the paper work, file it, you might have to do a newspaper notice, and I think you have to send an return receipt letter to the customer demanding storage payment, rate set by you. And I am not a lawyer, you are on your own,,, just some guidelines from what I learned asking the nice people at AAA
lien sale paperwork will give you the ownership of it titled or not. The lien company has to find the last registered owner of record. Sends out the lien notification and either they pay or forfeit the vehicle. I have done it before. And my step mother used to work for a lien company here in town.....
P/S once you have the lien paperwork you can do a Title only. That way there is no registration involved and you can still sell it.
This. I called the lien company and they said as much. I saw the folder with all the paperwork so i know the car legit, but i think the lady is just trying to work me over for free storage. Maybe she really lost the paperwork or maybe she's just trying to pull a fast one. Personally I think she's a gypsy. Either way, I told her if its not gone by Weds, I would file for a lien. If I decided to pursue it all the way, she's already into me for storage in the $900 area.
If you need the space in your shop and can't park it out side your business can you take it to your house & park it in the back yard until you get everything worked out? HRP
Are you registered in the state of California to work on automobiles? If not .. could be a sticky situation
If you cannot lock it up at home, whatever you do, do not leave it outside. I once had a customer, instead of coming to pay and pick up his car, come in the night, cut the lock to my gate, and take his car. The cops did not give a crap. They said it was a civil matter, unless I could prove he did it, and then could only go after him for the lock, and trespassing.
In almost 11 years, this is a first for me. More than anything else, I just want the car gone so i can get my parking space back. I'm using the lien as more of a threat than anything, but that said, If I did have to go through with it, I just don't want to get stuck with a car with a bad engine and no way to title it. Now that I know the title/registration is a non issue, if she doesn't come through and get it by the date specified, I'll take it home, pull the wheels off of it and put it on blocks until I collect or the lien comes through.
Look into the regulations for the lien sale very carefully, I worked for a salvage yard several years ago and we had strict rules for lien sale vehicles as to storage and such.
I had that happen to me, I contacted my lawyer and he said that is was legal to store the car off property as long as I could prove that there was a legal Lien on the car from my business and was not being used by me. The customer balked at paying the $1900 storage fees plus unpaid billing. He never came back even after the lein sale company had notified him of the sale by registered letter. I held the car an additional 6 months figuring that, certainly he would settle the bill. Nope, ended lein saling it, recovering all my costs and more. That was 19 years ago and he still tells everyone within earshot how I "stole" his car. I kept copies of every correspondence from the lien sale company and I involving him. You might want to do that just in case she gets sue happy and you are dealing interstate.
I put the deadline on it and she miraculously found a way to get it out of there. I there was a third party there so maybe she found someone to buy it or who know what, but it's out of my hair. Too much hassle for the $300 ticket. Sent from my iPad using H.A.M.B.
It's part of doing business not fun but necessary . I'm sure you have had some great experience with other customers.
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