Is it theft if I take my car from mechanic without paying bill?

Question

Basically, I have an $1800 car repair bill. Initially, the guy said he would be willing to take payments....now he is saying he needs the whole amount right away, and on top of that if I don't pay the whole amount he will start charging storage fees. I never signed any papers at all, this was kind of an informal deal, if I just take my other key and go get my car is that legal?

Uh, I don't want it to be "free" I want to make payments like our original agreement. And I never said I would give him my car until the bill was paid, ever.

Answer 1

Taking a car without paying the bills for repair is illegal even when there is no formal deal. You should try to pay the complete bills. Otherwise, the mechanic have the right to hold your car and charge you for storage fees.

Answer 2

Let me guess you had some work done on your car and now you are looking for a way out of paying the bill feel free to correct me if I'm wrong here. I'm not a lawyer either but I do run an independent shop and we can and will hold your car until you pay the bill I don't know about where you are but here you have 60 days to pay your bill and drive away or sometimes if you cant pay the whole bill when its ready I will set up a payment plan unless your a complete dick then the payment is due when the work is done and if you don't want to pay then it stays in the yard until you pay the bill or 60 days is up.The moral of the story is pay your bill and you wont have anything to worry about

Answer 3

Honestly, it would not be legal to just take your car back without paying. However, it sounds as if your mechanic is not the most ethical person to be in business with. Back when I was in high school my parents paid a mechanic to restore the motor that belonged to a Jeep Cherokee. The price was higher than anctipated, so the repair shop allowed my parents to pay for the motor over several months. If a mechanic is ethical they should work with you and allow you to pay over several times, which means you might not be able to reclaim your car until the final payment. However, in the mean time you could save some money by taking public transportation, walking (a healthy choice), or using a rental car. If you still feel that the mechanic is not an ethical person, you then have the option of reporting them to the better business bureau.

Answer 4

Don't Even Try:If you try to take back your car without paying the bill you will go to jail and that is a legel fact in any state. You took your car to this person for repairs its not his responsiblity for paying its yours and only yours. In some state a hand shake, verble agreement is binding but check with a lawyer first dont take the law into your own hands it never gets you anywhere but troble. Youv'e been without the car for a while now so a couple of more days wont kill you so wait to do anything until you get legel advice ok.

Best of luck

Answer 5

In my state, this is a law. He gets a mechanic's lien on any automobile that bill is not paid on. He has to notify you through registered mail or Sheriff's deputy will deliver. If you remove car,
he could charge you with theft. Try to work out payments again. Good luck!

Answer 6

Legally, he can put a mechanic's lean on your car until the bill is paid in full. My father did this years ago when he had a business.
I don't think he can charge you storage, if he's holding out waiting for you to pay. The laws are different in every state. Check yours out.

Answer 7

this could very well end up being a theft of service thing. it's clear the mechanic didn't agree to fix your car for nothing and common sense dictates that you realized you were going to be on the hook for some amount of money (irrespective of terms).

i don't know all the particulars, but frankly, i'd pay it. if he decided to sue you for the repairs, he'd probably win.

Answer 8

wow.. that's a toughie. i was originally going to say "yeah, if you take something without paying for it, it's illegal".. but this is a strange deal.

if you never signed a service agreement, there's really no proof that he quoted you that price or that he agreed to take payments. so it's kind of an issue for both of you... tough.

i don't know if you can, but you might want to find out how much the parts themselves cost. pay for that, so as to prevent it from coming out as any kind of theft... that way, what you're not paying for is just the labor. if he threatens you in any way regarding the remaining amount, just remind him that he never gave you a price quote in writing and you never signed a service agreement that said you accepted that price and gave him permission to work on your vehicle. if he gives you any grief, i'd kindly inform him that if he'd like to discuss it in court with a couple of attorneys, that could be done... but it'll cost him a lot more than the labor charges on your car. :)

Answer 9

If you just take the car will be considered theft and you can be arrested.

File a complaint with the Attorney general's office in your state and see a lawyer. That might be considered baiting and switching. Oral contracts over $500 are not considered valid in some states.

Answer 10

The legality of your actions will depend entirely upon the specific language of the local laws (State law, probably) in your jurisdiction. However, as theft requires the taking of a thing that is not yours, you can not commit theft by taking something that is yours, even if it is currently in possession of another. Remember that there is a difference between holding possession of a thing and holding ownership of a thing, legally speaking.