Mechanics lien on vehicle?

[James_Marley]

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

I am going to give a very detailed description of the events that took place in regards to the subject of my post in hopes that it will provide enough background information to make things clear. Please ask if something does not make sense or more information is needed.

A few years back I bought a '97 Pontiac grand Prix from a guy (also a mechanic) who sold it to me as is except for the promise (in writing) to replace the intake gaskets. The vehicle was paid off over the course of 3 months and the lien that was placed on the vehicle was taken off.

After 3-4 months of driving the vehicle the engine started overheating. I too the car back to the guy I purchased it from and asked him to take a look at it and also take care of the intake gaskets he had promised to replace when I first purchased the car from him. He told me, in his exact words, "I will take care of it". After having the vehicle for over a month "to test drive it to and from work to make sure it was working" I finally told him that He had had the vehicle long enough and I needed it back. When I picked up the vehicle from him, he tells me that the head gaskets for the motor were toast and he replaced them. there was never any talk of him doing work on the vehicle besides the intake gaskets. A few days later he produces a print out of an online shopping cart list totaling over $700 that showed items he claimed were used to fix my car, some of which I noted were not ever for my car. He demanded payment for the parts, which I refused as had never agreed to have any other work done and that this was not a proof of purchase but a shopping cart list. I did not hear from him for awhile and after a month, the car started overheating again. Since I could not move the car, it sat for over a year before I could have it looked at by someone else, who told me there was a leak in the head gasket and was fixed with a $20 can of stop leak.

That was a year ago and I am now trading in the car towards a different vehicle, only to find out that the guy who sold me the vehicle has a lien on the title for $647.07. I am not sure what I can legally do. Does he actually have a right to say I owe him this money? Do I take him to court or is there something I can do to prove that there was no agreement and he had no right to place a lien on a vehicle he did not own?

 

[OHRoadwarrior]

You should have dealt with it then. At this point, I would say you owe the money, unless you can prove you do not.

 

[dewyd]

James_Marley; What is the name of your state (only U.S. law)? WI

A few years back I bought a '97 Pontiac grand Prix from a guy (also a mechanic) who sold it to me as is except for the promise (in writing) to replace the intake gaskets.

R. Did the writing say anything about other fee's such as labor, parts?

The vehicle was paid off over the course of 3 months and the lien that was placed on the vehicle was taken off.

R. How did you know the lien was taken off? Did you check that with the DMV?

A few days later he produces a print out of an online shopping cart list totaling over $700 that showed items he claimed were used to fix my car, some of which I noted were not ever for my car.

R. How did you note that the parts were not for your vehicle?

He demanded payment for the parts, which I refused as had never agreed to have any other work done and that this was not a proof of purchase but a shopping cart list.

R. So no proof of purchase for the parts?

the car started overheating again.

R. You mentioned intake gaskets initially, but now you are talking about overheating and below you mentioned head gaskets. So I believe you meant head gaskets initially, correct?

Sounds like you let him use your car for a month or two and he failed to replace the head gaskets. Then he wanted $700 from you for doing nothing and using your car?

the leak in the head gasket was fixed with a $20 can of stop leak.

R. Did you drive it like this for a year?

That was a year ago and I am now trading in the car towards a different vehicle, only to find out that the guy who sold me the vehicle has a lien on the title for $647.07.

R. Does he have a dealers license to sell cars? He must have filled out a sworn affidavit to get the lien placed on the vehicle with the DMV.

Do you have a copy of the lien? If not maybe you should get the paperwork he filled out to get the lien from the DMV.

Does he actually have a right to say I owe him this money?

R. If he has actual costs, it depends on the agreements you guys made both oral and written.

Do I take him to court or is there something I can do to prove that there was no agreement and he had no right to place a lien on a vehicle he did not own?

R. I think you should be asking the DMV most of these questions. Or check your states mechanic lien laws for precise info available on the web. Or do a search on a legal engine.

Mechanic's can do a lien for services rendered, just like any tradesman can do for services rendered. Attorney's do the same thing when someone doesn't pay for services.

Doesn't sound like he has produced or shown any receipts for that list of parts, or that you agreed to pay for those parts, or that he told you he would charge you for those parts. I believe services for labor requires some written contract agreeing to do repairs to a certain point, then it has to be approved after that.

When did you find out about the lien?

If he can't validate the costs he is claiming with receipts or cancelled checks or credit/debit cards, then he may be committing fraud if he's lying as you have insinuated. And if this is so, then the sworn affidavit he filled out is also probably fraudulent. Which would void the lien.

But obviously you have to request in writing proof of his expenses before you make any payment to get the lien removed. If he can't or won't do this, then ask him why not? If he can't give you a fair answer then file a complaint in SC court.