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RONB-ESQ
RONB-ESQ, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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Mechanic is trying to charge me storage fees. he was

Customer Question

Mechanic is trying to charge me storage fees. he was supposed to tow it but never did, we went and picked it up and now he filed a police report. I was never notified of a mechanics lien. how can I find out if there is a mechanics lien
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Customer: replied 1 year ago.
Expert:  RONB-ESQ replied 1 year ago.

If the mechanic is owed storage fees that should have been in an agreement you entered into with him. Typically related to vehicles he does have a mechanic's lien if he completed work on the vehicle, but he looses the mechanic's lien when he allows you to remove the vehicle. For him to maintain his lien he has to keep the vehicle and not allow you to pick it up or remove it.

That is not to say that if he believe you owe him money either based on a written or oral agreement he could potentially sue to recover that money, but he lost his mechanic's lien.

If you have any questions or concerns about my response, please reply and let me know. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I receive credit for the time I spent answering your question. If for some reason you don’t feel you can provide me positive feedback please reply and give me the opportunity to clarify my answer before giving me negative feedback.

Regards, Ron

Customer: replied 1 year ago.
We had no written agreement, he didn't do any work he just looked at it. We picked it up when they weren't there. But he never notified me of charming storage fees. He was supposed to tow it to our home we gave him the address but he never did tow. He stopped answering our calls and wasn't open when we went by. Now the police said possibly theft of services but he didn't work on our car.
Expert:  RONB-ESQ replied 1 year ago.

It is fairly common for unscrupulous repair shops to tow a vehicle to their garage and then over price all repairs and then just go to work and when you won't pay claim they have a mechanic's lien and if you don't pay they will sale the vehicle in 90 days. If all was legit they can sell the car based on their lien, but that is not the case here. If he towed it to his shop he may be entitled to reasonable payment for towing, but I would simply send him a certified letter stating that after he failed repeatedly to return any phone calls you assumed he had no interest in repairing it and you needed the vehicle so you picked it up. If you the mechanic allege that I owe you something please send an itemized bill to the address listed within 30 days. I would then hold onto your copy of the letter and if he tries to claim theft of service you can use that as one defense that you sought to find out what you owed him and he never responded. If he responds with something crazy then get 3 estimates of what it would cost to tow the vehicle from point a to his shop if he did tow it in and then in your response simply state that if he is willing to accept $x payment for towing and since he did no other work you are only willing to reimburse him for his reasonable towing expense. You can indicate that you called x,y &z and their prices were the following the tow the vehicle. If he will send you a bill for that amount and indicate that is full payment due on your vehicle you will send a check otherwise please file suit.

Ask as many follow ups as needed until your question is answered

Ron

Expert:  RONB-ESQ replied 1 year ago.

PS I will be logging off at 10:00 PM CST tonight, but should be available after 1:00 PM CST tomorrow.

Expert:  RONB-ESQ replied 1 year ago.

Hello again,

I wanted to check in with you and confirm that you did not have any further follow up questions for me from the answers I provided to you on the 29th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can go directly to my page for future questions by going here: http://www.justanswer.com/law/expert-ron-b/?rpt=3800

Regards, Ron