Need some info here. I was all set to buy a 53 Buick from the guy that built it. He's had it at his old boss's shop for the last 2 months. He went to pick up the car and the guy wants to charge him $1000.00 for storage and some other charges as well. Says he knows he can't pay him so he's gonna keep the car instead. Can this be legal???? Is this how a mechanic's lien works? I would think there has to be some kind of signed agreement or work order for him to pull this kind of stunt, no?
"possession is 9/10 of the law" it is different from state to state but here in Texas you would have to take it to the courts to get this all figured out.
He needs to look into the Small Claims Court system maybe. BUT if he doesn't have paperwork(title) in his own name...tada!
Here they can charge up to 30 days storage, and after 15 the shop needs to register with the court house with a possible "abbonded" vehicle, and after 30 days from filing the shop can apply for a title for the vehicle and owns it...
I don't think it is quite as simple as someone saying "You left your car here for two months so you owe me a grand." First, there would have to be some sort of contract or work order that the original owner signed, I would think. Then there would have to be a clear understanding of the daily or monthly charges for leaving it there. If it were that simple anyone could grab any car. There would have to be some form of notification to the owner too, in the form of a certified letter. If the owner has the title and there is no work order signed I would think if he got in touch with the police and said this guy is refusing to release his car, they would make the garage surrender it, unless they had some paperwork showing they worked on it, signed by the owner. There are steps that must be followed to put a lein on a car. Something smells here and you are not getting all the story. Don
Laws vary greatly from state to state. Check yours. Regardless though, a lien would have to be filed and recorded, and notice received by the owner of the Buick. Check with your local courthouse. Nothing on file, no problem. And if there is one filed, there would still have to be some sort of foreclosure activity by the court to convey title. If there is a lien, you could also offer to buy the lien from the former boss and deduct that from the sale price. My guess, for 2 months, $1000 is excessive storage and the former boss is blowing smoke. Turn the tables on him, show up, make him produce a copy of the filing on the spot or take the car. If he can't produce he has no legal claim. Put out your cigar in his coffee cup and drive away. There should be a written contract required to file a lien, but I know firsthand that not to always be the case.
here you have to sign a work order they all include a mechanics lean until the work is paid they also spell out "storage fees",BUT just leaving the car does not automatically give the garage a mechanics lean on it they have a lot of paperwork to go through to get the rights to take ownership of the car.it takes a few months because they have to put notices in local papers and send registered letters etc.Unless things have changed a lot in the past few years,I been caught on both sides of this here. Contact the "Dealers and Repairers" Division of your motor vehicle department that oversees the licensing of garages they will tell you exactly what every ones rights are in this case it's their job to enforce the laws concerning this kind of stuff.
Assuming you in NY... Section 180. Artisans' lien on personal property. A person who makes, alters, repairs or performs work or services of any nature and description upon, or in any way enhances the value of an article of personal property, at the request or with the consent of the owner, has a lien on such article, while lawfully in possession thereof, for his reasonable charges for the work done and materials furnished, and may retain possession thereof until such charges are paid. Section 184:.......Such notice shall include the name of the person providing storage of the motor vehicle, the amount being claimed for such storage, and address and times at which the motor vehicle may be recovered. The notice shall also state that the person providing such notice claims a lien on the motor vehicle and that such motor vehicle shall be released upon full payment of all storage charges accrued on the date the motor vehicle is released. A person who mails such notice within such twenty day period shall be entitled to a lien for storage from and after the first date of storage. A person who fails to mail such notice within such twenty day period shall only be entitled to a lien for the amount payable for storage from and after the date the notice was mailed. Heres you the link you need... Do reading... Know laws... http://law.onecle.com/new-york/lien/article8.html And remember a car is personal property and not real property and has different laws protecting it... I had to take a car last year... Customer wouldnt pay a $1500 bill and lost a $40K car... Hate to do it, makes me feel bad...
Then you have to kick the owner in the butt a little and have him find out how they were able to just grab his car. Either he is not telling you the true story or he is a dumbass. I am always amazed at how some people are afraid to fight for something. If someone said they had my car and wanted a grand for storage you had better believe I would be at the police station with my title in hand demanding they go with me to get my car. If this went before a judge the first question he would have is, let me see the work order, signed by the owner. First thing you need to do is get a clear understanding of if there was signed paperwork and what their agreement was. Don
In nevada there has to be a contractural agreement (signed work order stating the scope and cost of repairs). If after repair the auto isn't picked up and paid for in X amount of time ,the shop owner must contact the DMV and small claims court to file a mechanics lien for cost of repair and storage. It has to be publically advertised that the said vehicle is being sold to the highest bidder at public auction. Some thing sounds fishy when a shop owner can declare ownership with out the proper legal steps taken first.
Just quick reading through NY laws and it seems it only has to be a verbal contract... Ill shut up now
I did a little digging and it appears Texas is a tough State to get a mechanics lien in and requires speciific steps be taken. Here is what Wikipedia says: MECHANICS LIENS FALL UNDER TEXAS PROPERTY CODE 70.001. YOU MUST NOTIFY THE REGISTERED OWNER, LIEN HOLDER (IF ANY) AND THE PERSON WHO BROUGHT THE VEHICLE IN FOR REPAIR, BY CERTIFIED MAIL RETURN RECIEPT. THIS NOTICE IS SENT AFTER THE 30 TH DAY THE REPIARS ARE COMPLETEDED. FORCLOSURER ON THE LIEN IS ON THE 31 ST DAY AFTER THE NOTICES ARE SENT. ALSO NOTE THE VEHICLE MUST REMAIN AT YOUR PLACE OF BUSSINESS OR A STATE LIC. STORAGE FACILITY. YOU MAY NOT ACCEPT PARTIAL PAYMENTS. <?xml:namespace prefix = aclass="h2headingh3"style="color /><aclass="h2headingh3"style="color:rgb(0,0,0);"name="The_above_is_only_a_partial_answer!">The above is only a partial answer!</aclass="h2headingh3"style="color:rgb(0,0,0);"name="The_above_is_only_a_partial_answer!"> <aclass="h2headingh3"style="color:rgb(0,0,0);"name="On_the_31st_day_of_the_sent_notification_the_possessory_lien_holder_must_take_any_correspondence_to_the_local_Count_Tax_Assessor's_Office_and_they_notify_the_Registered_and_Lien_Holder._After_31_days_you_can_conduct_a_Lien_Sale_if_you_are_a_registered_auto_repair_facility.">On the 31st day of the sent notification the possessory lien holder must take any correspondence to the local Count Tax Assessor's Office and they notify the Registered and Lien Holder. After 31 days you can conduct a Lien Sale if you are a registered auto repair facility.</aclass="h2headingh3"style="color:rgb(0,0,0);"name="On_the_31st_day_of_the_sent_notification_the_possessory_lien_holder_must_take_any_correspondence_to_the_local_Count_Tax_Assessor's_Office_and_they_notify_the_Registered_and_Lien_Holder._After_31_days_you_can_conduct_a_Lien_Sale_if_you_are_a_registered_auto_repair_facility."> <aclass="h2headingh3"style="color:rgb(0,0,0);"name="It's_much_easier_to_have_a_Lien_Service_do_the_work_because_it_can_be_quite_time_consuming.">It's much easier to have a Lien Service do the work because it can be quite time consuming.</aclass="h2headingh3"style="color:rgb(0,0,0);"name="It's_much_easier_to_have_a_Lien_Service_do_the_work_because_it_can_be_quite_time_consuming."> The boss is blowing smoke and I bet he has no leg to stand on. Don Read more: http://wiki.answers.com/Q/How_do_yo...or_unpaid_auto_repairs_in_Texas#ixzz1lxMjN9ug
I don't see how he can just keep the car. Don't know about your state but here you HAVE to give the titled owner the opportunity to settle the lien and remove the car. I'd bet your state is the same. Here there are also laws that protect the car owner from excessive charges, there is a limit on how much you can can charge for storage, ect. Sucks but the shop owner might have the right to some money but I'd have the car owner show up with cash in hand (even if you go with him with your cash) and demand the car. If the charges are unreasonable or he refuses to take the money I'd tell the guy your going to have him explain to the police his actions.
A mechanic's lien also only entitles the shop to the money they are owed for work performed and any storage fees. You can't place a lien on a car for say $1000, and then turn around and sell the car for $5000. Also the lien process gives the owner of the vehicle a certain amount of time to respond. In theory, you could give your buddy the money for the vehicle, and he could pay the shop, stopping the lien. It sounds like the shop owner has either never gone through a lien process, or is just trying to scare the guy into giving up the car.
See if the buyer is willing to get a lawyer to look into things, which could easily cost as much as the $1000.... a lose lose situation! Bob
The shop, in addition to a signed work order, will/would need to have terms of storage posted in customers view.
Posession is NOT 9/10's the law. A person is allowed to put a lien on properties for services rendered whether they are a home or automobile but that does not give him rights to posession unless deemed so by a judiciary panel; in most cases a judge. Until the shop owner has done this , he has no holdings on the property and must pursue the appropriate channels to have his debts satisfied. Your friend will not be allowed to sell the car though if this is the case . Even if it were in his own garage. Until that point, the shop owner should be compelled to surrender the property. If he has a contract of any sort though, all bets are off and it will have to be sorted out by a court of law. I also would just pay the shop owner and split the difference. That will cost everyone alot less and someone will get a new car alot faster and with alot less hassle. I am not legal counsel and the processes of vindication will differ from state to state. This illustrated method is most common practice. That is all. g"luck
There are 50 states plus the District of Columbia, so there are probably 51 different answers to this question.
I would get the owner of the car to go to the local police dept. and explain what going on and see what they say , it could be they will even go over and talk to the guy . I had something similar to this happen years ago and when I showed up with the cops the guy couldn't get the car out of the garage fast enough . Hey it can't hurt to try. Good Luck Rocky
The SCPD by me (glorified marriage counselors and donut inspectors...) is hesitant to get involved in civil disputes, but it would be worth a shot especially if the shop owner was known by them for past douchebaggery. Bob
Court staffers are prohibited from offering legal advice-- besides that, do you ask your dentist's receptionist to look in your mouth? There's plenty of online law, and also such a thing as a "library" which is a big old building with lots of books and very few people, where anyone can find the law. Every state will have its quirks, but the laws are generally similar. In any case, it seems here that the shopkeeper either wants to keep this car or he has a grudge against the owner, or he's just a prick, either way it looks like there's going to be a fight over this car.
In that case, I would move on. Don't get involved in other folks' feuds. I know you must really want the car, but.................
if i was you i wouldnt even get involved. tell the guy that you will do the deal when he has the car at his house and he has a clear title. its his problem not yours.
Sounds like there is a lot going on between the shop owner and the seller....I would say walk away from this car, sounds like a heap of trouble. Is it worth it?
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