unable to get my tuck from shop

[irene1982]

What is the name of your state (only U.S. law)? California
I had a verbal agreement with a guy to fix my truck, he towed it out of my property to his friends shop. I was only able to give him partial payment as I lost my phone and contacts. I drove by the shop several times but was never able to reach him. I have no other means of getting in contact with him, however he had previously showed up at my house when I was unable to answer my phone. Stated he was worried as I am a single mom of 3. I am confused as to why he had not reached out to me after the truck was taken. it has been almost 8 months now. he has yet to do anything to the truck. I did receive a letter from the dmv for a notice of pending sale. I have called several times and left my info so that the mechanic can call me back. The shop will not give me any info on how to reach him. I asked how can I go about picking up my truck and they have given me different quotes on according to them storage fees. when I stated I am willing to pay but that they need to deduct what I have already given the mechanic they state they do not know anything and that I have to wait for his phone call back. the dmv paperwork states the lien will be held in a week. and the primary interested party is the mechanic. go figure. How can I handle this

 

[quincy]

What is the name of your state (only U.S. law)? California
I had a verbal agreement with a guy to fix my truck, he towed it out of my property to his friends shop. I was only able to give him partial payment as I lost my phone and contacts. I drove by the shop several times but was never able to reach him. I have no other means of getting in contact with him, however he had previously showed up at my house when I was unable to answer my phone. Stated he was worried as I am a single mom of 3. I am confused as to why he had not reached out to me after the truck was taken. it has been almost 8 months now. he has yet to do anything to the truck. I did receive a letter from the dmv for a notice of pending sale. I have called several times and left my info so that the mechanic can call me back. The shop will not give me any info on how to reach him. I asked how can I go about picking up my truck and they have given me different quotes on according to them storage fees. when I stated I am willing to pay but that they need to deduct what I have already given the mechanic they state they do not know anything and that I have to wait for his phone call back. the dmv paperwork states the lien will be held in a week. and the primary interested party is the mechanic. go figure. How can I handle this

Your duplicate thread in the Lemon Law section of the forum has been deleted. You only need to post your legal question and concern in a single thread. The forum members can find you.

If the fellow had no way to reach you by phone and even made an effort to see you by coming to your house, and you have not made much of an effort to contact him and pay what you owe, this seems to be the likely reason why your car is where it is.

You will either need to pay what is owed on the truck and pay the storage fees and pick your truck up SOON, or your car will be sold to satisfy the lien the mechanic apparently has on your truck to cover the work he has done on your vehicle.

 

[irene1982]

the mechanic has not made any attempt to get a hold of me, I have been the one to try to reach him. Also he has not fixed anything. last I heard from him was the engine was taken out. but no repairs done. I have been the one to go to his friends shop. I only get the run around. They will not provide me with any info as to how to reach him. The mechanic knows where I live. I call the shop to find out how much to get my truck out of there and the only response I have received is two different quotes and when I ask for a break down of the fees per month then they state they don't know anything. if the mechanic does not call me back and the shop does not want to release the truck even if I say I'll pay the fees. What else can I do to get my truck out of there? I need to move fast. I cannot loose my truck. its my only means of transportation. I have been borrowing cars since then.

 

[quincy]

the mechanic has not made any attempt to get a hold of me, I have been the one to try to reach him. Also he has not fixed anything. last I heard from him was the engine was taken out. but no repairs done. I have been the one to go to his friends shop. I only get the run around. They will not provide me with any info as to how to reach him. The mechanic knows where I live. I call the shop to find out how much to get my truck out of there and the only response I have received is two different quotes and when I ask for a break down of the fees per month then they state they don't know anything. if the mechanic does not call me back and the shop does not want to release the truck even if I say I'll pay the fees. What else can I do to get my truck out of there? I need to move fast. I cannot loose my truck. its my only means of transportation. I have been borrowing cars since then.

Here is a link to California's Mechanics Lien law: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=08001-09000&file=8410-8424

I agree with you that you need to move fast, if your truck is scheduled to be sold to satisfy the lien the mechanic apparently has on your truck.

Have you actually been inside the shop with the money to cover the necessary costs? Or have you limited your contact to phone calls?

You never received any notification at all in the mail or otherwise that the work on your vehicle had been completed and that you needed to pay and pick up your truck? You never received any notification of the lien?

Eight months is a long time for a shop to hold a vehicle.

 

[irene1982]

I agree 8 months is a long time. After I lost my contacts I immediately went to the shop, which is in the next town over. about 30 min away. I had asked for him but was not given much. I left my contact info. I was never contacted. I made several attempts to reach him through the shop. It did not worry me since he usually takes a few days to get back to me. and this is when we had each others numbers. I figured he always swung by my house if I didn't answer my phone that day for whatever reason. not taking into consideration that some of us cant answer our phones while at work. I just assumed he would swing by. the only letter I received about 3 weeks ago was from the DMV stating there was a pending lien sale. and the main interested party is the mechanic. I found it to be very frustrating as I do remember he kept trying to sell me an expedition in not so well conditions. I asked he fix my truck instead. I asked him to give me a week to come up with $2000 which is what he needed to get started. I had already given him $600.00. the same day we text confirming I would get the money in a week is the day I lost my phone. he never gave me a business card. he introduced himself with a nickname which made it a little harder to reach him. he stated he will allow me to make payments. which of course he wanted most of the money up front. either way he never fixed it and never made an attempt to reach me to let me know anything. I have been home since June on stress leave and other personal matters. I know for a fact he has not swung by. I am unsure on how to approach this. I have not gone to the shop since I received the notice. I have been calling however to try to get a hold of the mechanic. like I said no luck. I feel like they are doing it on purpose to keep my truck. thank you for the website. I will do my research. if anything else comes to mind please advise. any info helps.

 

[quincy]

I agree 8 months is a long time. After I lost my contacts I immediately went to the shop, which is in the next town over. about 30 min away. I had asked for him but was not given much. I left my contact info. I was never contacted. I made several attempts to reach him through the shop. It did not worry me since he usually takes a few days to get back to me. and this is when we had each others numbers. I figured he always swung by my house if I didn't answer my phone that day for whatever reason. not taking into consideration that some of us cant answer our phones while at work. I just assumed he would swing by. the only letter I received about 3 weeks ago was from the DMV stating there was a pending lien sale. and the main interested party is the mechanic. I found it to be very frustrating as I do remember he kept trying to sell me an expedition in not so well conditions. I asked he fix my truck instead. I asked him to give me a week to come up with $2000 which is what he needed to get started. I had already given him $600.00. the same day we text confirming I would get the money in a week is the day I lost my phone. he never gave me a business card. he introduced himself with a nickname which made it a little harder to reach him. he stated he will allow me to make payments. which of course he wanted most of the money up front. either way he never fixed it and never made an attempt to reach me to let me know anything. I have been home since June on stress leave and other personal matters. I know for a fact he has not swung by. I am unsure on how to approach this. I have not gone to the shop since I received the notice. I have been calling however to try to get a hold of the mechanic. like I said no luck. I feel like they are doing it on purpose to keep my truck. thank you for the website. I will do my research. if anything else comes to mind please advise. any info helps.

You need to do more now than simply make attempts to contact the mechanic. You want to act to stop the sale by filing an opposition to the sale. Because you are not having much success on your own, I recommend you contact an attorney in your area for help with this. You do not have much time.

Here is a link to California Civil Code Section 3072 on lien sales:

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/vctop/appndxa/civil/civ3072

Good luck, irene1982.

 

[irene1982]

thank you, you have been of great help. I have lots of info on certain steps he took that are not right. thank you again.

 

[quincy]

thank you, you have been of great help. I have lots of info on certain steps he took that are not right. thank you again.

If you think the mechanic did not take the proper steps to obtain the lien, then an attorney can advise you on that. Again, though, you have a limited amount of time to act now that the DMV has notified you of the sale.

Thank you for the thanks, irene1982.

Good luck.