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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111679
Experience:  Attorney experienced in commercial litigation.
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i own a repair shop in texas. i had a customers vehicle on

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i own a repair shop in texas. i had a customers vehicle on my property that repairs were completed on, the insurance co. had paid there portion of what was owed, and i was waiting on the customer to come in and pay their deductible so i could deliver the car. then i receive a phone call from a repo company, as they were pulling off my property, saying they had just reposessed the vehicle. i informed the repo person that there was a bill owed against the vehicle and he said too bad and gave me the lein holders phone number who pretty much told me the same thing. is the repo company, the lein holder or anyone responsible for paying me my money? or is there another law that protects crooks when defrauding honest people?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Did you file the mechanic's lien on the vehicle or you were just holding the vehicle?
Customer: replied 3 years ago.


we had just completed repair, parked the vehicle, notified the customer that it was completed and was waiting on them to come pick up the vehicle and pay the remainder that was left after the insurance check was deducted from the bill. i did not need to file mechanics lien because the customer was going to come get the vehicle when they got back in town tomorrow

Thank you for your response.

Had you properly perfected the mechanic's lien by filing, then your lien would have had priority and the lender would have to pay you for your repairs before they could take the vehicle. A perfected mechanic's lien attaches to the covered property in preference to other prior liens, encumbrances, or mortgages, although it does not affect any lien, encumbrance, or mortgage which was on the land at the time of the inception of the mechanic's lien, except as to "removables." Texas Property Code §53.123. All properly perfected mechanic's liens are on equal footing with one another without reference to the date each respective lien affidavit was filed. Texas Property Code §53.122.

Thus, since you had not yet filed your mechanic's lien you now have to sue the debtor in small claims court to seek to recover the amount of money due on the car, since it was repossessed. The contract was between you and the person who came to you and that is the party liable to you for paying you for the outstanding bill.



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Customer: replied 3 years ago.

so there is no recourse for me to go after the carlot that repoed the vehicle even if they knew there was money owed against it?

Thank you for your response.

I am afraid that had you perfected the lien by filing it you would have had a claim against them to not release the car without payment, but since you had not done so, your only claim now is against the person who brought the car to you to fix it. You have a claim here, just not against the creditor I am afraid.
Customer: replied 3 years ago.

thank you for your help. another fine law designed to defraud hard working individuals who just want to make an honest living. repair shops do not file mechanics liens on all cars that come in. only the ones that are not paying for the repairs so the shop can recover the money he is out on the vehicle. this should alert all repair facilities in texas that they have the burden of making sure the vehicle has no back money owed on it before repairing it.
sometimes the laws in this country are rediculous. thanks again for all your info. frustrated at the situation, definately not at you.


 

Thank you for your response.

I understand your position and maybe it is something you can work with your local legislators to try to change, because I certainly understand why you or anyone who provides services should not be stuck out when they do honest work. However, at least you have recourse against the other person in small claims and it is certainly better than nothing at all.
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