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Bbost1
Bbost1, Attorney
Category: Business Law
Satisfied Customers: 11
Experience:  Lawyer emphasizing questions regarding small business employment, acquisition, financing, and other issues
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We are a small automotive repair business in tx, we have a

Customer Question

We are a small automotive repair business in tx, we have a customer who had a vehicle towed in and told us which part needed replaced as it was diagnosed by another mechanic but they were not 'capable' to preform repair.
it was towed in and customer did all contact over phone and faxed over vin and contact info the day it was towed and all contact had to be over phone because customer lives 8 hours away.
long story shortish....customer called four days after tow in asking if we had part yet and status, told her part was on way and would be here in couple days, she asked price and we gave her the price and told her labor cost was not determined yet.she kindly said ok let me know when u have that cost and i will round up the funds.
next day customer relative calls and wants part number ya da yada.....we gave and told her the part was already programed and personalized nonreturnable.this is when relative said no we aren't paying that price for part........
tried to reason with them and customer said 'no way no how' so we told customer to pay their bill and tow it out of here,also informed storage is 100 a day till picked up. she had her husband/lawyer call and ask if they paid bill we would release it and asked if we were holding hostage...we said all she has to do is pay bill.just like everyone else.
then customer tried to have someone tow without paying but tow wrecker refused, customer tried calling police and pressing criminal charges....yeh no. they instructed her she needs to pick up as it is acquiring storage fees daily as we instructed her also.
we have not received a phone call,fax or letter from lawyer nor customer in almost 10 days and wondering if texas law is still after being abandoned for 30 days with a bill we just file for mechanics lien or is there an easier way............there is a lienholder on the vehicle as well.
i know that is long to read but basically customer just decided she didnt want to pay for normal replacement and is trying to save money which is understandable but what should we do next...
Submitted: 1 year ago.
Category: Business Law
Expert:  Bbost1 replied 1 year ago.

Bbost1 :

I would sit still until and do nothing until she decides she wants her car; maybe the answer will present itself. But be careful being too stingy with the husband/lawyer. If the matter escalates and a lawsuit is filed it could cost you alot more than the cost of the part to get a lawyer and defend yourself. I understand you are angry, but don't let that anger cost you real money. You could be right and broke.

Customer :

if we need it moved out of the bay, are we accepting responsibility if we move it to another spot on lot? so we can use the work space,its knid of prime real estate. we are not angry at all we just need to be done with it.

Customer :

just dont want to move vehicle over 35 feet and them say we did something to it. it is not driveable at all

Bbost1 :

I think you can move it. They are going to say you did something, but that is not going to matter awhole lot. How much did the part cost?

Bbost1 :

They probably will say you did something even if you don't move it. There will be no consequences to that, I don't think.

Customer :

2632.41 and that is us making aprox 200.00 was not expecting such a big problem we gave them part number to look up and there was a update to ecu and old number obsolete even offered to show invoice it was a ecm and was programmed after fist discussion and is not returnable now other wise we would and just walk away

Customer :

their is a lienholder on vehicle when or should we notify them.......in texas it is 30 Days abandoned rule if we have our sign posted, shoulw be we proceed with cerftified letter?

Bbost1 :

I am out of my element on Texas MV lien law. Sorry....

Bbost1 :

I might try to call the husband and discuss a reasonable solution before getting really aggressive. The solution may be easier if the part has some salvage value, or if he still needs the car fixed. It may be that he wants the car fixed and is waiting until he has $3k to pay for it....That is what it feels like to me.

Customer :

well now with this unit i have two lawyers sending letters of representation....who am i supposed to talk to ? i sent certified letter stating unit needs picked up and paid but customer has made no effort other than having three lawyers try and tell us to just release without being paid.....

lawyer statement admitts to authorizing us to diagnose and trouble shoot unit but still dont know what to do.maybe best to just contact leinholder? please help or find someone who can thanks

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