Car ownership & mechanics lien

[smtommy]

I have a problem, this could be messy. I purchased a 1956 Chevy from a friend up in Michigan a while ago. The car in question is a stripped down shell of a car, with rust and no drivetrain. Anyway, I'm currently trying to get a title for this car with no luck. I've been working with the state of Michigan on getting a title and they sent me the information that I needed to get the title, the only thing left to do is get the car to Michigan. Problem is, the car is at my mother and stepfather's house and we aren't currently talking. They live in Indiana, as do I. I can't get to the car to take it to Michigan to get the title issue cleared up, as matter of fact they are trying to have a mechanics lien placed on the car to keep me from picking the car up. The reason for the mechanics lien is that I won't pay them $1,500 for storage fees. In the beginning my mother and stepfather said that each of us (children) could have one car in there free of charge, and now that we aren't getting along they are changing the rules to suit them. Is there any legal way to take custody of the car so that I can get the title issue cleared up? Thank you.

 

[I AM ALWAYS LIABLE]

I have a problem, this could be messy. I purchased a 1956 Chevy from a friend up in Michigan a while ago. The car in question is a stripped down shell of a car, with rust and no drivetrain. Anyway, I'm currently trying to get a title for this car with no luck. I've been working with the state of Michigan on getting a title and they sent me the information that I needed to get the title, the only thing left to do is get the car to Michigan. Problem is, the car is at my mother and stepfather's house and we aren't currently talking. They live in Indiana, as do I. I can't get to the car to take it to Michigan to get the title issue cleared up, as matter of fact they are trying to have a mechanics lien placed on the car to keep me from picking the car up. The reason for the mechanics lien is that I won't pay them $1,500 for storage fees. In the beginning my mother and stepfather said that each of us (children) could have one car in there free of charge, and now that we aren't getting along they are changing the rules to suit them. Is there any legal way to take custody of the car so that I can get the title issue cleared up? Thank you.

My response:

You are correct. They can't change the "Rules" or the agreement midstream by all of a sudden wanting "storage fees". That wasn't the agreement.

However, you need to spend money in order to get your car, and you can't get your car without proof of ownership. You're in a "Catch-22" situation. If you sue them, you need to prove it's your property. If you have a bill of sale, then you can prove the car is yours. You'll need to sue them for "Specific Performance" to force them to allow you onto their property to take your car. That costs.

IAAL

 

[smtommy]

I have a receipt for the car, however, it doesn't have VIN numbers on it. Ironically, my stepfather went to Michigan with me to pick that particular car up. If this went to court wouldn't he be under oath to tell the truth, the fact that he went with me when the money changed hands he saw it for himself. Thank you.

 

[I AM ALWAYS LIABLE]

I have a receipt for the car, however, it doesn't have VIN numbers on it. Ironically, my stepfather went to Michigan with me to pick that particular car up. If this went to court wouldn't he be under oath to tell the truth, the fact that he went with me when the money changed hands he saw it for himself. Thank you.

My response:

You have got to be kidding. I have yet to be involved in a trial when a litigant doesn't lie under oath.

Here's a typical roundelay between judge and litigant:

Judge: Did you assist in obtaining this vehicle with your stepson?

Father: No. As a matter of fact, I rarely go to the next town. I'm really quite a couch potato.

Judge: So, you had no idea your stepson was purchasing this car?

Father: Your Honor, not only did I not assist in transporting this vehicle, I barely even know this kid !
One day, he showed up at our house with this "hulk" of a rusted out piece of junk, asked to put in on our property, and I told him okay, as long as he paid me $60.00 per month for storage.

So, people lie all the time. It's your job, as plaintiff, to come up with all the necessary proofs, and rebuttals, to prove your claims. As the plaintiff, you have the burden of proof.

In the end, it may not be worth the time and expense. Find another 56 Chevy.

IAAL

 

[smtommy]

I have about $9,000-$10,000 invested in this car, mostly drivetrtain (engine, transmission, rearend etc...) and receipts that total about $6,500. Should I just sue for the reimbursement of the costs that I can prove with receipts? Allowing them to sell the car, and possibly taking a loss? Because there aren't many people that I know of that will pay big bucks for an incomplete car. Yes, I too thought that the telling the truth in court was kind of funny, as my mother and stepfather would lie to no end. I also have many power tools and craftsman tools at their house, how would I prove that they belong to me? I have many witnesses that can state that they do, in fact belong to me. Right now I can see that this is going to be an uphill battle.

 

[I AM ALWAYS LIABLE]

My response:

Geez !! So this '56 really isn't a hulk. I wish you hade mentioned earlier how much money you had in it, and your tools being there too.

Okay, let's work this thing from the other way around. It appears that it would be worth your while to give in to them and pay a reasonable storage fee. The idea being is to get you onto their property and to get your car out of there.

Have that vehicle towed, and get all of your tools out of there. In order to do that, agree to their demands and pay the lousy $200.00 or so, and get your stuff out. Find a new location.

Then, when everything is out of there, burn their damn house down.

IAAL

 

[TimC]

Another suggestion is to never put money into a vehicle without a title.

By the way, get a copy of Hemming's Motor News at the local bookstore or Magazine Rack. In there you will find companies that will provide you a title to vehicles such as these. There are some states that require nothing more than a receipt to transfer a car (if it is old enough). You will basically sign the car over to a guy in Alabama, and he will register and title the car in Alabama. He will then sell the car back to you with a clean title. This is legal, and has worked for several people I know. Of course, they were smart enough to get a title for a car before they sank money into it.

 

[smtommy]

Ironacally enough, the frame was completed before I purchased the BODY. How would a title prove that my engine(on a stand) and transmission were mine? How about my tools? How do I prove that they were mine? What you are telling me is that I need a title to build engines, transmissions and so forth. When I said that I had between $9,000 and $10,000 in the car that includes all the parts that weren't purchased with the car. The title pertains to the body, even with a title people can sell off an engine, transmission basically anything they want unless you have an identifying mark on them. It can happen, so even with a title, the only thing that I'm guaranteed is a body with a VIN and that's it. If you want to be helpful then thank you, if you choose to criticize I can do without! Also, I now have a title, in my name for that very car, and all receipts to show what I've done to it.

 

[TimC]

It is starting to sound like paying them $1,500 might be worth avoiding the hassle. It sounds like a reasonable price for that kind of storage anyway.

If you decide to belabor the point, and don't feel that the family relationship is worth attempting to save over the trivial value of the car and tools, just get your siblings together and file a suit seeking posession of your property.

Or, you could just show up with a flatbed truck and remove the car from the property. Just make sure you have the title in your hand in case anyone asks what you are doing!