mechanics lien on person or vehicle?

[usernames]

What is the name of your state? Arizona

I just purchased a vehicle from an ex girlfriend. The vehicle is in the repair shop and was at the time of the purchase. When I went to pick the car up the shop said that there was a $3,000.00 bill that needed to be paid before the car could be released. Can they legally take or hold the car for this reason. I mean there beef is with her not me and I am the new owner of the car. What rights do they have and what rights do I have. Any help would be appreciated.

Thanks, Dan

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona

I just purchased a vehicle from an ex girlfriend. The vehicle is in the repair shop and was at the time of the purchase. When I went to pick the car up the shop said that there was a $3,000.00 bill that needed to be paid before the car could be released. Can they legally take or hold the car for this reason. I mean there beef is with her not me and I am the new owner of the car. What rights do they have and what rights do I have. Any help would be appreciated.

Thanks, Dan

My response:

The shop's lien rights a "superior" to your purchase contract. Your rights are to either pay the shop (they don't care where the money comes from), or sue the ex-girlfriend for breach of contract; i.e., the contract is voidable due to a failure of "consideration" - - and that means she didn't have "clear" ownership to sell the car due to the mechanic's lien rights for the cost of repairs.

IAAL

 

[usernames]

I'm sorry, the title is misleading. there was never a lien put on the car. When I went down to MVD there was no liens whatsoever. So now that I'm the owner of the car couldn't I just pick the car up and let them two fight over what is due. Do they have the right to hold my vehicle when I never had an agreement with them? Am I liable for the bill? It's like holding the car for ransom. can they do that?

 

[I AM ALWAYS LIABLE]

I'm sorry, the title is misleading. there was never a lien put on the car. When I went down to MVD there was no liens whatsoever. So now that I'm the owner of the car couldn't I just pick the car up and let them two fight over what is due. Do they have the right to hold my vehicle when I never had an agreement with them? Am I liable for the bill? It's like holding the car for ransom. can they do that?

My response:

No, no, no!!

You're misunderstanding. But, hopefully, I'm going to make you understand.

The mechanic, by law, has an automatic lien on a vehicle at the moment he touches a car when it's been "signed up" for repair. A mechanic's lien IS NOT filed or registered with the DMV. The "work authorization" form that your seller signed with the mechanic, which was at a time when she still owned the vehicle, authorizes such an automatic lien. It's also written on the work authorization form - - very close to the signature line.

Did you understand when I said that the "mechanic's lien" is SUPERIOR to your purchase agreement? That means it comes first, and must be satisfied before anyone is allowed to take possession of that vehicle. Your seller would not have been able to move, or take, that car without paying the bill for the mechanic's work.

So, either pay the mechanic yourself, or take your seller to court, like I suggested. But, the bottom line is that the car doesn't leave the mechanic's property without payment for the work performed. The car is "security" for payment - - which is the whole meaning behind a "mechanic's lien."

IAAL

 

[wkj202]

Must be filed

Mechanic has to file a "mechanics" lien, with copy served informing customer of such lien. If mechanic has not filed, it is a "possessary lien" not "mechanics lien".

 

[Zigner]

i never signed anything or did anything in writing. my employer recommended i use his mechanic and i would in turn work off the charges at his business....well now the charges are 4800 and i cannot pay for it and my employer will not give me the work to pay for the repair the truck sits by the roadside, not in a locked or gated yard. i owe a lien holder 900 on the truck still also(a bank) all conversations were verbal or by an email through my employer and mechanic....can i go and get my truck and just make payments to the mechanic or is this criminal in florida?

Please start your own thread. It's considered improper in this forum to hijack someone else's thread, particularly a >12 year old thread.