Repo for charge-back?

[catpaw]

I live in Texas.

I was ripped off by a transmission company - paid $1800 and after at least six returns the transmission is in worse condition AND the transfer case was switched without my knowledge or consent (it's a 4x4 truck).

I've searched the 'net and found conflicting info on whether or not they could reposses the truck if I successfully dispute the credit card charges.

The work order I signed states (EXACT QUOTE, inlcuding errors):

"Notice pursuant to section 70.001 Texas Property Code: I am the person , or an agent acting on behalf of the person, who is obligated to pay for the repair of the motor vehicle subject to this repair contract. I understand that this vehicle is subject to reposession in accordance with section 9.503, Texas Business & Commercial Code. If a written order for payment for repairs of the vehicle is stopped, dishonored because of insufficient funds, no funds, or because the drawer or maker of the order has not account or the account of which it is drawn has been closed.

Customer Signature____(signed here)________________"

I signed the statement above.

Next Certification:

"COMPLETTION CERTIFICATION
I have recieved the car specified above and a copy of this repair order. X__________________________________"

I did not sign this statement.

Next Certification:

"Authorization
I hereby authorize this work. You and your employees may operate above vehicle for purposes of testing, inspection or delivery at my risk. An express mechanic's lien is acknowledged on above vehicle to secure this amount of repairs thereto. Terms are cash on delivery except on approved credit.X______________________

Cardholder acknowledges receipt of goods and/or services in the amount of the total shown hereon and agrees to perform the obligations set forth in the cardholder's agreement with the issuer. X___(signed here)_____________"

I signed in the last space ONLY and paid with a credit card.

Any help with the truth is greatly appreciated!!

 

[djohnson]

. If a written order for payment for repairs of the vehicle is stopped, dishonored because of insufficient funds, no funds, or because the drawer or maker of the order has not account or the account of which it is drawn has been closed.


I am not an attorney but maybe one will jump in and give more information. My opinion is you may have a loophole in this statement. You will not be stopping the payment for any of the reasons listed above. You vehicle may still be subject to a mechanics lien, but atleast that would give youtime to try and work it out with the company or go to civil court. That would be my opinion.

 

[racer72]

It is called a mechanic's lein and many states (including Texas) allow for the repossession of property for non payment. The correct method in your case is to pay the bill then sue the mechanic in court.