My friend runs a car repair business in Ohio. In late February, a woman brought in her car that needed major engine work. After the engine work was completed the crank was found to be blown. The woman wanted them to fix it but they said she had to pay her first bill before they could continue or at least make a payment on all the parts. She than threw a fit and said that they screwed her over and that they were cheating her and left. She has not since paid her bill or taken any legal actions to get it back. It is November and still no legal actions. My friend does work for a used car dealership who wants to buy the car. In Ohio we have to send a certified letter which gives them a two week chance to argue the claim to seize the title. I want to know if the owner has any legal rights at this point. It is 8 months later and she has not paid the bill or taken any legal actions to get her car. Just wondering what to expect from the law stand point. Thanks
2006-11-10 02:02:14 · 7 answers · asked by butterflykisses427 5 in Politics & Government ➔ Law & Ethics
Ohio allows car repair/body shops to seize titles of cars that have not been paid for that are left on their lot. We have to give them notice of intent to seize title in certified letter, Giving them two weeks notice than we can send in receipt of certified letter and the paperwork the state will give us the title. The question I am asking is if they woman still has any legal rights in terms of still getting her car back even though in 8 months she has not taken any action towards my friends.
2006-11-10 02:18:04 · update #1
She could still have a claim. The question is what would it be? If she claims that she was defrauded out of her property by excessive billing that she could not pay, or by repairs that were not legitimate in nature she could sue.
Statutes of Limitations are always at a minimum 1 year for private actions (except for certain actions against government agencies). Usually for fraud the SOL is more than a year...so I would say yes she still has a claim.
2006-11-10 04:58:32 · answer #1 · answered by strangedaze23 3 · 0⤊ 0⤋
Though her actions can be considered abandonment,you must be careful going forward.I would advice a quick visit to your attorney general's office for clarification and guidance.Proper notification is a must.sending registered mail and even a small ad. in the paper should do.
2006-11-10 10:14:42 · answer #2 · answered by miraclehand2020 5 · 0⤊ 0⤋
Your friend should be asking this question of a lawyer who is familiar with the lien laws of your state; not people on a public forum who little about the law & less about the facts of your case.
2006-11-10 10:13:51 · answer #3 · answered by Anonymous · 0⤊ 1⤋
In most states, the person owed has to take out a mechanic's lien. Then, if he is not paid the car of house is his.
2006-11-10 10:06:13 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Statue? None that I'm aware of, but perhaps a sculptor is currently working on one using one of the many US unconstitutional judges that legislate from the bench, most of whom were appointed by former President "Slick Willie"
2006-11-10 10:11:00 · answer #5 · answered by Anonymous · 0⤊ 2⤋
If you have sent the certified letter and she hasn't responded, you may sale the car.
2006-11-10 10:04:57 · answer #6 · answered by Anonymous · 0⤊ 1⤋
she may have forfeited her right to the car, but only an attorney would know for sure.
2006-11-10 10:04:29 · answer #7 · answered by Anonymous · 0⤊ 1⤋