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I bartered with a friend of my husband's a boat for the repair of a truck. I asked him to wait until after my husband's funeral to come and pick up the boat, I let him keep my Pontiac Grand am as caladeral, he picked the boat, and said he could not get the car back from a mechanic he outsourced it to. I thought he had a shop of his own, that was not the case, he says he did not authorize repairs, the mechanics says he did ,over the phone...the bottom line is I can't get my car back and now the guy is trying to put a lean on my car...HELP

2006-06-18 19:54:49 · 4 answers · asked by Anonymous in Cars & Transportation Maintenance & Repairs

4 answers

Unfortuneately this is something you almost have to talk to a lawyer about.

Some states do not allow the mechanic to keep the car but file for the lean as was said, others allow the keeping of the car till the bill is paid plus storage fees... that's why I said the lawyer... and don't think about stiffing the mechanic as he technically can have you arrested in some states for theft (if you don't work out some payment and then try to stiff him in court)

Almost all shops require a signiture for work to proceed and that would have probably been your friend. work can be authorized in most states over the phone (only in some does it require a signiture to ok work as estimated) .. technically your friend is on the hook for the bill, but you will be made to pay also because you are registered owner of the car meaning the mechanic can come after both of you technically in court.

Work it out with the mechaic shop or at least give him some sort of idea what's going on, unfortuneately, I think you will need a lawyer to untangle the complete mess that you have seem to gotten into as why would you give your boat friend a car as collateral and then he get it repaired without your knowledge? But as I said above..technically if your friend signed it to be worked on, he's is the one who nees to pay the bill but since you are registered owner, you will get hit if he doesn't pay (meaning my questions would be why did your car get taken to a mechanic shop if it was supposedly sitting as collateral.. and how your friend can pay for the work on the truck but now can't afford the car bill that technically he created (or you had knowlege but didn't that he would outsource it)

2006-06-19 03:20:01 · answer #1 · answered by gearbox 7 · 0 0

in Calif. It is illegal for a shop to hold you vehicle against your will regardless of monies owed for said car.
Call the Police, tell them that he is holding your vehicle ransom and go pick up your car with the police there.
The shop has to release the vehicle. What the shop then does is sue you for the Bill or put a lien on it. the trick is to get into possession of the vehicle BEFORE the lien is filed and posted.
If the Bill is not signed by a authorized signee, You will win. If it is signed by a authorized signature and at or below the wriiten estimate you could lose.

2006-06-19 02:07:32 · answer #2 · answered by Magikmann 4 · 0 0

go to small claims court and sue them both!
you can also protect yourself from a mechanic's lean, by standing on the other side of him!

2006-06-18 20:48:16 · answer #3 · answered by athorgarak 4 · 0 0

well...first off if you have official documents...make copies for a lawyer...if you dont have the money for a lawyer..get loud and nasty...when you start talking lawsuit youll get your car back...if not you'll have to pursue a lawsuit

2006-06-18 19:59:25 · answer #4 · answered by smidan06 1 · 0 0

tell the judge you loaned the car to your friends husband to take it for an oil change, you didnt auth any repairs

2006-06-18 20:01:08 · answer #5 · answered by phur 2 · 0 0

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