Mechanics Lien Help

[ShawnMD]

What is the name of your state? ---> Massachusetts

My former business partner and I have a car on loan from a credit union that recently got into an accident. The car is on a joint account, but my partner has had the car now for about 7 months, but had not followed up on the payments, resulting in a repossession. The car was brought to a auto body shop by the local police after the accident and has been there for about 5 months now. The mechanic repaired the car which he said was about 8000$ worth of damage, without waiting for the insurance adjuster to assess the damage. The car is only worth 10k so usually it would be considered a total loss by the insurance. I sent the adjuster down anyway and they said they could not assess the damage. The bank wants the car back but the mechanic is holding it on a mechanics lien. The other owner has told me that he never authorized the repair amount. To make matters worse i have a car through the same bank, and they have threatened to "cross-collateral" my car, which is up to date on payments, unless i resolve the situation.

1) Can the mechanic hold the car despite the non-approval of the repairs. If not should i try to resolve it in court? And How?

2) Can the bank really take my car even though the loan is up to date? (this car is solely under my name)

3) If the mechanic sells the car does'nt he have to pay the bank anyway?

Any other suggestions would be greatly apriciated.

Thank You in advance

[djohnson]

Originally Posted by ShawnMD

What is the name of your state? ---> Massachusetts

My former business partner and I have a car on loan from a credit union that recently got into an accident. The car is on a joint account, but my partner has had the car now for about 7 months, but had not followed up on the payments, resulting in a repossession. The car was brought to a auto body shop by the local police after the accident and has been there for about 5 months now. The mechanic repaired the car which he said was about 8000$ worth of damage, without waiting for the insurance adjuster to assess the damage. The car is only worth 10k so usually it would be considered a total loss by the insurance. I sent the adjuster down anyway and they said they could not assess the damage. The bank wants the car back but the mechanic is holding it on a mechanics lien. The other owner has told me that he never authorized the repair amount. To make matters worse i have a car through the same bank, and they have threatened to "cross-collateral" my car, which is up to date on payments, unless i resolve the situation.

1) Can the mechanic hold the car despite the non-approval of the repairs. If not should i try to resolve it in court? And How?


***You are only going on your friends word. How do you know he didn't have permission? How did he get the car and what was he doing with it?



2) Can the bank really take my car even though the loan is up to date? (this car is solely under my name)

3) If the mechanic sells the car does'nt he have to pay the bank anyway?


***They can sell it to highest bidder, it won't be enough to even finish paying their fees more or less the bank. The mechanics lein takes priority.

Any other suggestions would be greatly apriciated.

Thank You in advance

Hope that helps.