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Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are an auto repair shop in Cypress, TX with a legal

Customer Question

We are an auto repair shop in Cypress, TX with a legal issue. We had a Cadillac come in for repairs in September of 2013. Shortly thereafter, nearly 5 months, he passed away. Before then, he approved repairs to the tune of $2700. We have been trying to get into contact with any family kin to see if they would want the vehicle and responsibility for the repair costs, but haven't been successful. What is our next move to getting this car off of our lot. We have a lot of space so storage fees are not an issue.
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Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

There is a vehicle mechanic's foreclosure procedure allowed under Texas law, which you can read about here: http://texaslawtoday.com/2013/05/20/texas-vehicle-mechanics-lien-foreclosure-process/

However, since it sounds like you've had the vehicle for more than 30 days, and since he is deceased, that process may not be available......and instead.......you may have to sue in JP court. If he has deceased, you'd have to sue his estate for the money or to obtain a default if the estate representative doesn't respond.

Expert:  Roger replied 9 months ago.

It could be possible to claim that the vehicle has been abandoned and go through that process, which you can read about here: http://codes.lp.findlaw.com/txstatutes/TN/7/H/683/C

Expert:  Roger replied 9 months ago.

However, that still requires notice to the owner.......so you're going to need to send notice to the deceased person's estate representative or next of kin.....or force the estate to be opened.

The only other alternative would be to have the vehicle towed by the police and then buy it back at the auction......then sell it for your repair costs and purchase price.