In the beginning of the year I was in an auto accident and was side swiped. Their insurance sent me a check which I cashed, and I took my car to one of their concierge shops. When I cashed the check I kept the money (I now know that it was the check for the estimate). I got my car after a month and have been driving it ever since (a time span of 5 - 7 months). I got a call yesterday stating they needed that money back and that a Mechanics Lien would be placed on my vehicle if they didn't receive it. I've tried searching for this but it doesn't really make any sense on google. I thought once they gave you the keys and you left the property the vehicle was yours and they couldn't collect anything after that. It was my first auto accident so I thought the money was mine because the receipts they gave me for the fix came out to be more than I was given and they said that was all that was needed. I am confused. What is a mechanics lien and do I legally need to pay them back?
2007-08-09 02:03:21 · 8 answers · asked by Mendoza 1 in Cars & Transportation ➔ Maintenance & Repairs
What happened was you got a check for the repairs, which you cashed, and then you did not pay for the repairs that were done. That check was supposed to have been sent to the shop for the repairs. The shop did not collect the money from you, and let you take the car.
You owe the money to the shop. Because of the mix up, the shop allowed you to take the car. They still have a legal right to collect what is owed.
Depending on state law, they may be able to file a mechanics lien, but usually that is done when they have possession of the vehicle. If they allowed you to take the car, they can not come and take it without a court order. They can file a civil suit to get a judgment against you, and garnishee your wages. Depending on the amount of money involved, they may or may not do so.
You were paid twice for the damages, once in the check, and once by having the repair done! You owe the money and should pay it!
2007-08-09 02:36:45 · answer #1 · answered by fire4511 7 · 3⤊ 0⤋
First off I need more information. The check that your insurance company gave you did you give that money to the body shop to pay for the repair on your vehicle. If it wasnt paid then why did they release the vehicle to you? The only way they can put that lein on your car is if you didnt pay them or refused to pay them for there services on your vehicle. If The estiment was more than what the insurence company paid you then contact your insurence company and file an suplament claim then pay the body shop for the extra repairs
2007-08-09 02:28:52 · answer #2 · answered by J22401 2 · 0⤊ 2⤋
What in the wide world of sports made you think they would repair your car for free and you could keep the insurance money. Of course you have to pay the shop people for repairing your car. What I don't understand is why the shop would release your car without getting the money.
2007-08-09 02:12:45 · answer #3 · answered by Jeffrey S 6 · 4⤊ 0⤋
first call the insurance companny
2nd call the shop either you or the insurance companny needs to pay up and soon the shop can sue you and they will win in court and collections can be bad the accedent and dammages were not caused by the shop and its unfair for them to eat the costs
as far as them letting you take the car with out being paid that was nice of them most shops dont because collecting after you pick it up is hard as there is so manny dead beats out there (dont be one of them) you leaglly and morrally still owe them
and they can and will charge collection fees as they are now spending more money trying o collect from you
2007-08-09 03:04:39 · answer #4 · answered by mobile auto repair (mr fix it) 7 · 0⤊ 2⤋
a mechanics lien is basically a lien they file with the state and the state puts the car in their name for them to sell. If you dont pay you completely lose the car. Yes they can do it in any state.
2007-08-09 02:08:18 · answer #5 · answered by Yes I am here!! 5 · 2⤊ 2⤋
I would add this to what "Yes I am here!!" said. Even the parts store or any business or did something for the mechanic to fix the vehicle can.
2007-08-09 02:15:57 · answer #6 · answered by Mazda man 6 · 0⤊ 2⤋
pay them or you will get screwed...no kidding...mechanics liens are filed everywhere every day...they win 99% of the time...you can call them anrn say you dont have money and would like to make payments or pay 1/2 now to settle it...but its really up to them...sorry
2007-08-09 02:13:29 · answer #7 · answered by Anonymous · 2⤊ 2⤋
Are you an idiot?
2007-08-09 03:59:57 · answer #8 · answered by William F. D 4 · 0⤊ 2⤋