My car is being held hostage! HELP.

[skylarkCA]

What is the name of your state (only U.S. law)? California


I took my car to a friends house to get body work done for an agreed price. The price was $3,000, which I have already paid and have check copies to prove it. I am unsatisfied with the work and length of time he is taking so I requested my car back. Now he says I owe him more money that we agreed upon, even though the car isn't even done. We have no written contracts, estimates, etc., nothing signed by either of us. Is it legal for him to keep my car if I want it back? I understand if he wants to sue me, he can. But should he also be able to keep the car from me in the mean time?

Thanks.

 

[swalsh411]

I would contact the Sheriff and ask for an escort to go retrieve your property.

 

[skylarkCA]

The crazy thing is that I have already tried that. After the guy told me I can't have my car, my dad talked to his buddy who is a police officer and the officer said that without any contracts or anything in writing I should be able to get my car. So he suggested calling the Sherriffs. I called them and when they got to his house they told me they couldn't make a decision. One of them was pretty smug about it too. I was shocked. It's like this guy has all the rights and I have none. I don't even have the right to my own car even though I have over $3,000 is check copies written to this guy and my name on the title. I'm pretty upset.

 

[skylarkCA]

Does anybody else have any insight/opinions on this?

 

[jgombos]

I'd sue him in small claims for the value of the car. Perhaps the judge will award the car itself rather than the money, but either way I would think you would win.

You can obviously prove that the car is your property. Yet he cannot prove that he has any right to take possession of the car, and he can't prove that any debt exists to justify collateral.

 

[BL]

Talk to the Sheriff supervisor ,sheriff ,or under sheriff .

Go higher up .

Where is the auto located ?

Can you drive it off yourself ?