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Unauthorized Repairs - Shop Will Not Release Car

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concerned_party

Junior Member
What is the name of your state?What is the name of your state?CALIFORNIA

A car that was stored at a repair shop until the owner was available to pick it up was taken to a body shop and painted without the owner's authorization. The owner of the repair show realizes that his employee did this in error, but does not want to get involved. The owner of the paint shop now wants $2800.00 to release the car. How can the owner get the car released, he does not have the money to pay for the paint job? Who is liable?
 


JETX

Senior Member
chrisy said:
How about put the cost on a visa card. Then get the car. Then dispute the charges with Visa.
Obviously, you have never heard of a mechanics lien, huh??
 

JETX

Senior Member
concerned_party said:
A car that was stored at a repair shop until the owner was available to pick it up was taken to a body shop and painted without the owner's authorization.
There has to be more than that. Body shops don't just pick up random cars and paint them without SOMEONE's authorization.

How can the owner get the car released, he does not have the money to pay for the paint job?
He can't. Unless the error was due to the paintshop, someone has to pay them. The only alternative is to either pay for it and then sue.... or wait for the process to get to court.

Who is liable?
Whoever ordered/authorized the paint work.
 

chrisy

Junior Member
Even if the owner of the car is determine liable for the cost of the paint he still gets the car now.

I have found Visa to be good. They will denied the charges if they find for the owner.

Even if the mechanic places a lien, in some states the mechanic has to renew every year. Some time the mechanic forgets and the lien goes away. Also cars depreciate, there may come a day that the mechanic can have the car.

I would think that every state has challenges that the mechanic must prove before the lien is granted. I am not a lawyer but it sound like the liability is the person who gave the car to the painter.
 

concerned_party

Junior Member
Sorry there isn't anymore to it than what was previously stated. The car was being stored at a repair shop and one of the employees mistakenly thought the owner wanted it painted. He took it over to the other shop. The owner never authorized or contacted this individual to ask for the car to be removed from one location and taken to another.

No he doesn't take credit cards; Only cash or cashier's check or m/o.
 

JETX

Senior Member
chrisy said:
Even if the owner of the car is determine liable for the cost of the paint he still gets the car now.

I have found Visa to be good. They will denied the charges if they find for the owner.

Even if the mechanic places a lien, in some states the mechanic has to renew every year. Some time the mechanic forgets and the lien goes away. Also cars depreciate, there may come a day that the mechanic can have the car.

I would think that every state has challenges that the mechanic must prove before the lien is granted. I am not a lawyer but it sound like the liability is the person who gave the car to the painter.
Since you appear to be ignorant of the realities of mechanics lien law, let me provide a little education for you.
A mechanics lien doesn't work at all the way you describe... or think.

The minute that the mechanic finds out that the charges are disputed (or check stopped or whatever interfers with payment), the mechanic (lienholder) can take his tow truck and 'hook up' the vehicle, tow it back to his shop where the owner will have to pay the bill in CASH, plus the costs of towing and storage. If the owner refuses or is unable to pay, then the mechanic can sell the vehicle at auction to recover his bill.
 

chrisy

Junior Member
So jetx, if it is determined that the owner is not liable for the cost of the paint on the car what would happen to the mechanic who towed & sold the car?

I think the mechanic would be very carfull prior to towing and selling a car.
 

concerned_party

Junior Member
Clarify

If the owner pays for the car it would no longer be on the property. If the payment is stopped or disputed the bodyshop(painter) would have to sue the owner to get the money. Problem? Yes because the owner of the bodyshop does not have any paperwork authorizing the work to get done in the first place.
 

djohnson

Senior Member
All this is a moot point since the OP has already stated they won't accept credit cards only cash or MO. Someone authorized to them and they will hold and eventually go through the lein process if not paid for. OP needs to go back to original shop, they should have some responsibility. It would be them she would need to take to court because they were suppose to be holding her car and it is no longer there available to her. It would be up to them in court to prove she authorized it to be sent somewhere else for more work.
 

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