Car sold by mechanic without permission - need help

[MommaJane4]

What is the name of your state (only U.S. law)? Alabama

In late July of 2012, we had a 1988 Oldsmobile that was functional other than needing some brake work. We had it towed to a local business. My husband had spoken with the owner and he was supposed to contact me for payment information and get ready to make the repairs. This was in late August. On Sept. 3, my husband had a massive stroke and we spent the next month and a half in the hospital and rehab seeing to his care. Needless to say, the car was forgotten about and recently when I went to see about it, I found that it was no longer in the man's storage lot. When confronted, he made no excuses or apologies, but just said he sold it because he figured we didn't want it anymore. He never attempted to call or contact us in any way (by his own admission). He says he just sold it for scrap for $300. The car was worth $1500-$5000.
What I want to know is, what is the best way to proceed with this. From what I have been able to read, he had no legal right to sell the vehicle without first contacing us. Suggestions needed please...

 

[OHRoadwarrior]

It appears to have been treated as and disposed of as an abandoned motor vehicle. Storage fees accrued, would have exceeded the vehicles value.







Alabama Code - Section 32-13-1: ABANDONED MOTOR VEHICLE DEFINED

For the purposes of this chapter, an "abandoned motor vehicle" shall mean a motor vehicle as defined in Section 32-8-2:

(1) Which has been left by the owner, or some person acting for the owner, with an automobile dealer, repairman or wrecker service for repair or for some other reason and has not been called for by the owner or other person within a period of 60 days after the time agreed upon and within 60 days after the vehicle is turned over to a dealer, repairman or wrecker service when no time is agreed upon, or within 60 days after the completion of necessary repairs.





Alabama Code - Section 32-13-3: AUTHORITY TO SELL

(a)(1) Any automobile dealer, wrecker service or repair service owner, or any person, firm, or governmental entity on whose property a motor vehicle is lawfully towed at the written request of a law-enforcement officer, or the owner or lessee of real property, or his or her agent upon which an abandoned motor vehicle as defined in subdivision (1), (3), or (4) of Section 32-13-1 has become abandoned, and who has the abandoned motor vehicle as defined in subdivision (1), (3), or (4) of Section 32-13-1 on his or her property, may sell the motor vehicle at public auction.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Alabama

In late July of 2012, we had a 1988 Oldsmobile that was functional other than needing some brake work. We had it towed to a local business. My husband had spoken with the owner and he was supposed to contact me for payment information and get ready to make the repairs. This was in late August. On Sept. 3, my husband had a massive stroke and we spent the next month and a half in the hospital and rehab seeing to his care. Needless to say, the car was forgotten about and recently when I went to see about it, I found that it was no longer in the man's storage lot. When confronted, he made no excuses or apologies, but just said he sold it because he figured we didn't want it anymore. He never attempted to call or contact us in any way (by his own admission). He says he just sold it for scrap for $300. The car was worth $1500-$5000.
What I want to know is, what is the best way to proceed with this. From what I have been able to read, he had no legal right to sell the vehicle without first contacing us. Suggestions needed please...

The fact that you FORGOT about the vehicle, seems to indicate that you abandoned the vehicle. As such, the mechanic was very likely within his legal rights to place a lien on the vehicle and sell it.

And before you argue that the mechanic should have contacted YOU, that goes both ways. He may have made several attempts to call you to ascertain the status of what to do with the car, and you were too busy to handle the matter. That inattention for 8 months may well have cost you that car.

 

[swalsh411]

Unless this had some sort of amazing factory custom work, or a really really expensive stereo or wheels, there is no way in heck any 1988 olds, regardless of model, miles, or condition, would be worth $5,000 today.

 

[TheGeekess]

The fact that you FORGOT about the vehicle, seems to indicate that you abandoned the vehicle. As such, the mechanic was very likely within his legal rights to place a lien on the vehicle and sell it.

And before you argue that the mechanic should have contacted YOU, that goes both ways. He may have made several attempts to call you to ascertain the status of what to do with the car, and you were too busy to handle the matter. That inattention for 8 months may well have cost you that car.

I'm willing to bet that there was a notice placed in the local paper.

 

[MommaJane4]

Just an added note...the vehicle was a deisel engine with only 50,000 miles on it and according to the bank "could be valued up to $5000". I'm not saying it was,,,just that it is possible. As to "forgetting" about it, there were extenuating circumstances like my husband having a massive stroke. He is still disabled. The mechanic got rid of the vehicle, by his own admission, before 60 days was up and also never made any attempt to contact us or put an ad in any paper (again, by his own admission). He just said he "needed the money to pay his rent." As to the comment that I was too busy to know he tried to contact me, my phone was never turned off and I ansered all calls during this time because of being in the hospital taking care of my husband.

My question, more than anything, is to the legal rquirements of the mechanic to attempt to contact us. This was my husbands car and I didn't have anything to do with it, much less think about it while he was in the hospital. I don't need to be told that it was abandoned. I get that that is what it appears to be, but again...what LEGAL right did he have to junk it before at least trying to contact us?

 

[TheGeekess]

Just an added note...the vehicle was a deisel engine with only 50,000 miles on it and according to the bank "could be valued up to $5000". I'm not saying it was,,,just that it is possible. As to "forgetting" about it, there were extenuating circumstances like my husband having a massive stroke. He is still disabled. The mechanic got rid of the vehicle, by his own admission, before 60 days was up and also never made any attempt to contact us or put an ad in any paper (again, by his own admission). He just said he "needed the money to pay his rent." As to the comment that I was too busy to know he tried to contact me, my phone was never turned off and I ansered all calls during this time because of being in the hospital taking care of my husband.

My question, more than anything, is to the legal rquirements of the mechanic to attempt to contact us. This was my husbands car and I didn't have anything to do with it, much less think about it while he was in the hospital. I don't need to be told that it was abandoned. I get that that is what it appears to be, but again...what LEGAL right did he have to junk it before at least trying to contact us?

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/138491.htm

 

[OHRoadwarrior]

You said the magic word indicating this car had very little value. Now we know why it only had 50k on it. Here is a quote from a magazine in publication for over 50 years.

Of the myriad engineering failures from the reckless period at the end of the 1970s and the dawn of the '80s, the one with perhaps the longest-reaching effect on consumer preference was the unrelenting awfulness of the Oldsmobile diesels.

 

[racer72]

NADA value guides from the early 90's, the last time I used one, put a 30 to 70% reduction in value on diesel powered GM passenger cars. I converted a couple over to gas back then and was able to sell them for much more than I paid for those POS.