Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
From what I understand, your daughter requested that her vehicle be towed to a mechanic's shop and the vehicle would not run. The mechanic contacted your daughter and told her that she needed to put a new engine in the vehicle, or he would pay her $400.00 to scrap it. She did not authorize him to put a new engine in it nor did she authorize him to scrap the car. The mechanic then sold the vehicle to someone else who then sold it to the person who came to your daughter to request that she sign over the title.
Since your daughter authorized the tow to the mechanic's shop, she owed the mechanic money for looking at the vehicle, unless there was an agreement that the tow and the estimate would be performed for free. In New Jersey, if you leave a vehicle at a mechanic's shop for over 30 days without paying the mechanic charges, the mechanic may sale the vehicle at a public auction. Before the mechanic does this, he has to follow the proper notice requirements in the statute. Please see this document for further details on the laws in New Jersey:
It sounds to me that the mechanic did not follow the proper procedures, and therefore the sale to both of these individuals was not legal. What you need to do is contact a local attorney to file suit to get the car back for your daughter. You can also attempt to file criminal charges against the mechanic for theft. However, this will not likely be successful, as the police will likely tell you this is a civil matter. Accordingly, your best bet is to hire a local attorney to sue for conversion and other remedies available under New Jersey law.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.