In the state of Tx what rights does the consumer have with a mechanics lien on a vehicle ?

Question

My daughters car was taken to a body shop by her (now) ex boyfriend who told the mechanic ( a friend of his) to fix it completely. My daughter the owner of the car did not authorize this action. We never even got an estimate. 3 months later, and several long distance trips to ft. worth and many phone calls, we went to see the repairs being made on the car, but the car was not there. The mechanic told us he had moved the car to his house and that it was "just around the corner". He has not produced the car however and she never recieved any documentation from the body shop. He told her he had put a mechanics lien on the car and that he had someone to buy the car if we did not want it, but we did want to pay for it but only after seeing what repairs had been made...what do we do? we have no car and never authorized him to make any repairs..what rights does she have if any? What are the laws in Texas on mechanics' lien? Do we report the car stolen? Please help!!!

Answer 1

What rd211 said.
The work on the car was not authorised by the owner, so she technically owns nothing to anybody... She can of course approve post facto, and decide to pay the bill, but unless she does, nothing compels her, and it's a matter between the mechanic and the ex. Also, since the car belongs to somebody who is not involved in the deal, the mechanic has no right to hold it as collateral for payment of the repairs.

No bill was tendered, and the object has been removed to premises others than the machine shop or the mechanic's customer parking space... technically, it can be regarded as a presumption of grand theft auto.

A mechanic's lien is definitely a real estate intrument not normally applied to movable property... so odds are the claims ar bulls*it. Especially since taking such a lien is an involved process and I don't suppose its steps, such as serving the preliminary notice were followed.

But really, get a lawyer and the police on the case and get medieval on the machanic's and the ex's sorry asses, because it really looks like they committed conspiracy to steal that car.

Answer 2

First, call an attorney (nothing below constitutes legal advice!). Then, report the car stolen. Third, file a lawsuit. Nothing gets people willing to negotiate better than the police (step #2) and a lawsuit (step #3).

A mechanic's lien? Give me a break. The point of a mechanic's lien is to protect real property (i.e., land) usually not personal property. He probably thinks it applies to him because he is a "mechanic." Nope, sorry. Anyway, even if this right existed, he would have to have perfected the lien (to use legal lingo) in court, which he probably has not done. Finally, the car probably has no equity in it anyway (since it's most likely mortgaged?) which leaves hiim with nothing on which to levy a lien!

You need to contact professionals instead of handling this yourself because he thinks he can jerk you around. Once you do, the car will show up, fast.

And when it does, you can still sue him for damages!

Answer 3

you should touch an lawyer in the present day and notice what he says approximately taking him to courtroom. you should assemble any suggestion you have inclusive of telephone documents exhibiting how many times you pronounced as him and the twist of destiny checklist exhibiting while it substitute into towed. The lawyer will atleast have the skill to take care of the warrants and get you out of that difficulty, yet while hes any stable he will additionally see you have a case. The mechanic won't be able to only save your motor vehicle and not answer calls. in case you have evidence of all your telephone calls made to him that exhibits attempt and you gets your automobile back once you pay his expenditures. That has been an exceedingly long term so pay attention of the impound expenditures they might value besides!!

Answer 4

texas always sides on the business owner -customer is just a new age slave -