i have a body shop in az. a car was totaled and left there. can i sue the lienholder or compel them to pay storage fees and remove their vehicle. any info helpful especially information on the applicable law.
2007-07-29 12:38:19 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
it's not about "just sueing" it's about a legal way to recoup our money,,the police would not be involved in this in any way, not there area...we don't want the car it has no value or not enough value and can't use mechanics lien because no work was performed
2007-08-02 10:42:51 · update #1
I'd think if the car was worthless then the finance company or insurance company should have gotten back to you immediately when the car was determined "total" so that you could take the car to a junk shop and claim your $25 and get it out of storage. Because you stored it longer without checking further on what was happening, it may be you that has to foot the bill for storage. However, if you made those contacts then you should have gotten the permission at some point to get rid of the auto, so why didn't you get rid of it? For any time that the insurance company wanted the car there to look at it and the time it took them to get there and look at it and proclaim it a total loss is the time you could possibly get reimbursed for....However, when you take something to court there are filing fees, and attorneys fees if it's over $5,000, but no attorney's fees if it's under $5,000 and done in small claims court. It does take your time away from your shop (and only you can determine what your time away is worth, and your transportation to the court hearings...maybe 2) and if all that is worth the cost of the storage. I mean say all those fees come to $1,000 and the storage cost was $900 then it would not be worth taking it to court. Just get the paperwork of when the car was totalled and then take the car to a junk yard or take off any good parts and use them in your shop.
2007-08-04 02:34:16 · answer #1 · answered by sophieb 7 · 0⤊ 0⤋
First report to local police department then report copy include of storage bill (your company title and car information ) send to insurance company or person who brought the car .
2007-07-29 13:03:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Of COURSE you can be sued for the payments. And the repo costs and non-payment penalties AS WELL AS the rest owed on the vehicle. Your options were to sell the car (and its payments) to someone else. Or to sue the dealer if they sold you a product not what they advertised. You simply don't just get to decide to walk away from it.
2016-05-17 07:36:58 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If they don't pay for storage you can consider the car abandoned and call the police to remove it.
2007-07-29 13:00:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can sue anyone you please, if you can find (and pay) a lawyer to take your case.
Have you ASKED the lienholder what their intentions are with respect to the car ... for example, can they GIVE the car to you to dispose of as you please, and collect all the value from the scrap parts?
2007-07-29 12:46:37 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In America, you can sue someone for just about any reason.
2007-07-29 12:42:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
PUT A MECHANICS LIEN ON IT.
2007-07-29 12:59:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋