mechanic's car lien on a car already released to me

[garo]

Hello all,
I was in an accident about 4 months ago and it wasn’t my fault. I took the car to the body shop to get it fixed (damage under $2k) and the body shop told me that they will deal with my insurance directly and that I didn’t have to pay them anything. While my car was being fixed my insurance for some reason sent me the 1000 check (which is my deductible). Once the car was fixed, I picked it up, signed off at the body shop, on the paper work it did not indicate that I owe them anything so i signed off and drove off.

Here is the funny part, now 4 months later the body shop is calling me and telling me that I owe them 1000 dollars. I asked them to get me some kind of a written notice from the insurance so I have some kind of a proof that I paid them but they keep calling and threatening with a mechanic's lien on my car (which is in my position).

My question is, can they place a mechanic's lien on a car that I and they already signed off on and that I poses? This is in California.
Thanks in advance,
garo.

 

[2Mistakes]

Hello all,
I was in an accident about 4 months ago and it wasn’t my fault. I took the car to the body shop to get it fixed (damage under $2k) and the body shop told me that they will deal with my insurance directly and that I didn’t have to pay them anything. While my car was being fixed my insurance for some reason sent me the 1000 check (which is my deductible). Once the car was fixed, I picked it up, signed off at the body shop, on the paper work it did not indicate that I owe them anything so i signed off and drove off.

Here is the funny part, now 4 months later the body shop is calling me and telling me that I owe them 1000 dollars. I asked them to get me some kind of a written notice from the insurance so I have some kind of a proof that I paid them but they keep calling and threatening with a mechanic's lien on my car (which is in my position).

My question is, can they place a mechanic's lien on a car that I and they already signed off on and that I poses? This is in California.
Thanks in advance,
garo.

You need to pay up. The insurance co. is not going to pay the body shop. They sent the money to you. How was the body shop supposed to know that the ins. co. sent the check to you? Ins. cos. don't pay out for the same claim twice.

When you got the check from the insurance co., it never occurred to you to call them and ask what it was for?

 

[efflandt]

What, you thought you could keep an extra $1000? The body shop got the cost of the repairs minus your deductable. So you owe the body shop the $1000 deductable that your insurance company apparently got from the other party and sent to you.

 

[alnorth]

Assuming they didnt sign something saying that the debt was paid and satisfied, and assuming you owe the money of course they can.

Just to get this straight: from your point of view, you took the car into the shop, paid them nothing, assumed the insurance handled it, and then from out of the blue the insurance company sends you free money?

Am I missing something? Assuming that I'm not, then you have to believe the money wasnt meant for you.

 

[garo]

thanks for the replies, i know where the 1000 dollars came from but I asked the shop or insurance to send me some kind of a written notice or something stating that there was a mistake to where the money went to. All the shop is doing is calling me and asking for the money, I just would like to have some paper trail before i pay it so they can't harrass in the future for the same thing...

btw the reciept/final estimate that was signed when I picked up the car had nothing about me owning them 1000 dollars...

 

[alnorth]

thanks for the replies, i know where the 1000 dollars came from but I asked the shop or insurance to send me some kind of a written notice or something stating that there was a mistake to where the money went to. All the shop is doing is calling me and asking for the money, I just would like to have some paper trail before i pay it so they can't harrass in the future for the same thing...

btw the reciept/final estimate that was signed when I picked up the car had nothing about me owning them 1000 dollars...

It probably also said nothing about the debt being repayed either.

Anyway, if you are willing to pay the money back, then your concerns are fair. You could tell them that you want them to give you a final bill showing that you only owe $1,000 (which youll prove to have paid with a cleared check), or sign a note saying this debt would be paid and satisfied with a $1,000 payment, or something you can keep to later show that its paid off.

 

[garo]

It probably also said nothing about the debt being repayed either.

The body shop agent assured me when i brought the car in that everything will be done through my insurance (including the diductable since it wasn't my fault). When I was picking up the car and signing off on the final estimate/repair work summary i was clueless to the fact that i will recieve a 1000 check in the mail a few days later. I really dont want to send them any $ before they give me a written notice...

I just dont get how they can threaten to do anything leagally when they released the car to me without any debt notification, or balance still owed, amount due, etc. and all of a sudden start calling me after 4 months... In theory they can do that to anyone who brings the car in, have them pick up the car and start putting mechanic's lien on them months later? seems kind of crazy to me

 

[alnorth]

Why is it crazy? If a credit card company either doesnt send a bill or it gets lost in the mail, you'd still owe them the money and get hit with late fees if you dont pay. They performed work on your car, assumed the insurance company would be paying them, but did not sign away their right to ask you for payment later if something happens.

They find out the insurance company gave you the money instead of them, so now they want to be paid for their service. If you dont give them the money, they presumably can put a lein on your car, barring some kind of strange CA legal technicality.

Its fair for you to insist on some documentation showing the debt is paid in exchange for the money, but its not fair to just pocket the grand and end up profiting from the accident.