How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JBaxLaw Your Own Question

JBaxLaw
JBaxLaw, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11313
Experience:  Wide experience in consumer rights law.
16110456
Type Your Consumer Protection Law Question Here...
JBaxLaw is online now
A new question is answered every 9 seconds

I delivered my motor home to a licensed repair facility 4 days

Resolved Question:

I delivered my motor home to a licensed repair facility 4 days ago to diagnose and repair an engine problem. Florida Statutes require that the facility provide a written vehicle repair estimate and disclosure statement. That was not done.
Now that the repair is done, the fee for diagnosis is 250% of the industry standard.
I am willing the pay for the standard number of hours, the labor to remove and replace the parts and the cost of the parts, but no more. (The no more fee is $1250.)

Question: Do they have a lien on my vehicle? If not, what rights do they have to collect an unfair charge?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  JBaxLaw replied 1 year ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service. Is the vehicle still in the possession of the mechanic?

Thank you
Customer: replied 1 year ago.

Yes and I have not seen the final bill nor raised the issue of undue fees.

Customer: replied 1 year ago.


Please respond soon. I need to get the problem resolved in the next hour!


 


Thanks

Customer: replied 1 year ago.

Forgot to mention that I have not signed anything at this shop

Expert:  JBaxLaw replied 1 year ago.
The repair shop does have a possessory lien. This means so long as the bill is unpaid and the vehicle is in their possession they have a lien. Yes, FS Section 559.905 requires the repair shop to provide an estimate. That law is here:

http://www.flsenate.gov/Laws/Statutes/2012/559.905

Also, a possessory lien is not allowed without the estimate based on:

"FS Section 559.909 (4) It shall be unlawful for any motor vehicle repair shop to fail to return any customer’s motor vehicle because the customer has refused to pay for unauthorized repairs or because the customer has refused to pay for repair charges in excess of the final estimate in violation of this section."

FS Section 559.919 also states: "No motor vehicle repair shop may refuse to return a customer’s motor vehicle by virtue of any miscellaneous lien, nor may it enforce such a lien in any other fashion if it has failed to substantially comply with the provisions of this part."

A customer can file suit to obtain the vehicle. Here is the section discussing remedies including filing suit for injunction and damages. See:

http://www.flsenate.gov/Laws/Statutes/2012/559.921

Please follow-up as needed. I appreciate your patience while I worked on this issue. Please take a moment to leave a positive service rating. I appreciate it.

Thank you
Customer: replied 1 year ago.


I am confused... First Paragraph states they have a possessory lien and later you say such lien is not allowed without the estimate.


 


Please explain

Expert:  JBaxLaw replied 1 year ago.
I apologize for the lack of clarity. Normally a shop will have a possessory lien, but this requires provided a written estimate and not performing unapproved work. Florida law does not allow a shop which fails to provide the estimate and overcharges the right of a possessory lien.

Thank you again
JBaxLaw, Lawyer
Satisfied Customers: 11313
Experience: Wide experience in consumer rights law.
JBaxLaw and other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas