divorce, previous debt for work done on car

What is the name of your state?What is the name of your state?What is the name of your state? Indiana

Ok, I have a buddy who this question is for. Here's the situation:

He's a mechanic and was hired by his brother-in-law, his ex sister-in-law just divorced his brother-in-law, May 14th the divroce was final.

On the May 5th the brother-in-law hired my buddy to work on a truck. The truck was titled in both his brother-in-law and ex sister-in-law's names. In the divorce decree the truck is to go to the ex sister-in-law. There is still $305 owed on the work that my buddy did on the truck.

The ex sister-in-law says that she has a court order stating that she can come and get the truck. Can she just come and get the truck even though he/she owes money still on the work that's been done? Can my buddy get a mechanic's lien on the truck and hold it until the bill is paid? Is he going to have to just take one of them to small claims court to recover the money?

Any help would be appreciated. If you need any more information, let me know. Thanks!

The only way to answer your question is to READ the court order and see what it says. Personally, I doubt that such an order exists. Ask her to provide it.
Finally, if it is a valid court order, then he would need to pursue his claim against the person who ordered the service on the vehicle.

JETX, I'd sure be curious to know. The mechanic is not a party to the divorce, so I can't imagine how a divorce order can state a mechanic is required to release a vehicle prior to recieving payment or pay arrangement. Maybe the CO orders ex to be responsible for the expense, but wouldn't that STILL mean that ex must pay before mechanic is required to release it? And if the repair cost is not addressed, wouldn't that mean that, just as if the work had been done by a stranger, she must pay before expecting to leave with the car? Judges can't order uninvolved third parties to provide their services for free, I would presume?

"JETX, I'd sure be curious to know."
*** About what??

"The mechanic is not a party to the divorce, so I can't imagine how a divorce order can state a mechanic is required to release a vehicle prior to recieving payment or pay arrangement."
*** Agreed.

"Maybe the CO orders ex to be responsible for the expense, but wouldn't that STILL mean that ex must pay before mechanic is required to release it?"
*** Again, agreed.

"And if the repair cost is not addressed, wouldn't that mean that, just as if the work had been done by a stranger, she must pay before expecting to leave with the car?"
**** Again, agreed.

"Judges can't order uninvolved third parties to provide their services for free, I would presume?"
*** Agreed.... but that is NOT what was asked.... or in my response.

First, it is important to note that I have absolutely NO confidence in the claim that such court order exists. As you have noted, there are simply too many 'gotchas'.
Second, any party can pretty much put anything that they want into a court order submitted to the other party. The 'job' of the other party (his/her attorney) is to review the 'suggested' court order and approve, modify or decline. Once the two parties have agreed on the terms and sign, the order is then submitted to the court. Most courts don't go back and re-read the terms as it is the responsibility of the party/attorney to verify the content. So, it is possible that such a clause could exist.... if the husband is an idiot, or his attorney is incompetent.

Finally, lets assume such a clause DOES exist. If it does, then the mechanic would certainly be a fool to deny such order..... and once released, will have to pursue payment from the person who requested, and authorized, the repairs.