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Hello,
Hopefully someone can help plzzz my friend had her car towed for repair the guy looked at it said it would be $1,700 to fix. She told him she didnt have that kind of money right now. The guy went ahead and fixed it without her consent or her signing anything. Now she cant even get her car back is this legal?? I heard that there was a statue that states any repairs over $50 must have a bill of sale signed by both parties. Can someone please try and help find out what she legaly can do just go pick up her car???

2007-11-03 10:38:03 · 10 answers · asked by ladybug2975 1 in Cars & Transportation Maintenance & Repairs

10 answers

No signed work order no consent to do the work.
What was wrong with the car to cost $1700.00.
She may have to go to small claims court to straiten things out.
The work order is a mechanics lien.

2007-11-03 10:53:54 · answer #1 · answered by Robert F 7 · 0 0

my friend had her car towed for repair the guy looked at it said it would be $1,700

At that point, if she didn't have the money and didn't want the car fixed, she should have said so and not allowed him to tow it. If it was already towed, and he called to tell her it would be $1,700 to fix and she didn't say "No, I don't want it fixed, tow it back to my house." and then pay him for the tows, she is without a car unless she pays for the repairs. If she doesn't, he will put a mechanic's lien on it and keep it, or sell it for what he is owed.

The very fact she allowed him to tow it in for repairs authorized the repairs. "I don't have that kind of money RIGHT NOW" doesn't equate to "No, don't fix it, bring it back."

Sorry.

2007-11-03 11:00:02 · answer #2 · answered by oklatom 7 · 0 0

If she didn't agree to have repairs made, he shouldn't have done them. However, did she just leave the car there with him, with no discussion of when the car would be picked up? Did he think, or did she say for him to just keep the car? It's weird he would make repairs, not knowing if he would be paid or not. I'd contact your state's business licensing agency and inquire. If she left the car there, he would be entitled to charge her a daily storage fee, which could add up real fast. Possibly this is what the fee is for?

2007-11-03 10:46:25 · answer #3 · answered by fisherwoman 6 · 0 0

First, SHE CAN GET HER CAR BACK. It is HER car, not theirs. Second, go get a police officer to go with you and tell them that they will NOT give you back the car. The DETAILS are NOT important. the fact that they have the car is the only thing that matters.

The police can make them give the car back. DO NOT SIGN ANYTHING FOR ANYBODY AT ANYTIME REGARDLESS OF WHO ASKES YOU TO SIGN. NO SIGNATURES ARE REQUIRED OR NECESSARY.

Now, once you have the car back, it is up to the repair shop to collect the money from you. They will try to file a mechanics lien on the car (that is their right to do that). The rub comes when they go to foreclose on the car (they MUST go to court to do that) and when they show up in court with no signed authroization to repair the car the judge will throw it out. End of story.

WHEN the cops show up to help you claim your car, CLAIM YOUR CAR NOW. Not tomorrow, or next week, but now. If they find out you are about to claim the car they MIGHT try to take things off of it.(illegal, but a sticky situation) Have a wrecker standing by available to tow it out of the garage in the event of ANY failure of the car to start or otherwise be driven away-flat tire etc.

2007-11-03 10:55:48 · answer #4 · answered by De Deuce 5 · 0 1

Since she did not consent to the work they did it for nothing. Get a lawyer, go get the car. She didn't approve or sign anything so this should be no problem. If you don't have money for a lawyer you should be able to get the police to help. They have no legal ability/right to hold your car when you didn't ask them to work on it. Good luck.

2007-11-03 10:49:38 · answer #5 · answered by identicalsnowflake 3 · 0 0

The mechanic can not just fix a car that needs that kind of work they must call you and let you know before hand. I would call a lawyer and find out what your legal rights are.

2007-11-03 11:21:57 · answer #6 · answered by CAPTAIN GENIUS !! 5 · 0 0

"Bill of sale" is the wrong term. "Work order" is what you meant. The rules seem to vary by state. When I was in CT, mechanics told me that they needed a signed work order just to give me a free estimate, because they had to drive it and could not do so without a signed work order (I am not sure if this was a law or just a rule imposed by their insurance company).

If there is a statute, it would probably be a state statute, not a federal one, so she should either research the statutes of her particular state, or have you report the question with the name of her state.

2007-11-03 10:47:05 · answer #7 · answered by StephenWeinstein 7 · 0 0

he can carry the automobile until eventually you pay for the artwork.he could additionally inform you of his purpose to cost storage in case you do no longer make sure this rapidly.i'd attempt and are available to a fee plan and if the proprietors have been given a coronary heart he wont fee you storage as long as your making headway with the bill.they have in all possibility immobilised the automobile or made it inaccessible so taking a spare key would be fruitless.did they quote you a low fee than they charged or do unauthorised works(if a storage shows "extra beneficial artwork" needed they're meant to tell you in the previous they do it).in the event that they have been responsible of this then you definately would desire to take them to court yet proving this could be complicated except you have a written quote.

2016-09-28 06:45:23 · answer #8 · answered by scharff 4 · 0 0

it may depend on your state's laws.

she may have signed something inadvertently.

bone up on your state's laws, and a phone call to a lawyer may be in order. Most attorneys will give you at least 1/2 hour free.

2007-11-03 10:54:55 · answer #9 · answered by chieromancer 6 · 0 0

Sounds like she`s gonna need a lawyer. Someone mis-communicated here. That guy who fixed it is gonna want to get paid.

2007-11-03 10:47:59 · answer #10 · answered by harryb 5 · 0 0

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