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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16289
Experience:  15 years exp all aspects of general law
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My daughter ran out of gas and had her 95 mustang gt towed

Customer Question

My daughter ran out of gas and had her 95 mustang gt towed to a repair shop. The owner had done work on her other car and when my daughter and her husband went to get the mustang the owner refused to give it to them claiming they owed him money for work done on the other car. My son in law passed away on June 1st 2015 and my daughter passed away on December 6th 2015. I went to the bmv and since there was no mechanics lien attached to the title of the mustang, I titled the car in my name and am the legal owner. I went to get the car but the business owner refused to give me the car. The police came and told me I had to get an attorney and have a judge sign an order to release the car to me. I don't understand why this is necessary when I am the legal owner of the car.
Submitted: 8 months ago.
Category: Legal
Expert:  Legalease replied 8 months ago.

Hello there --

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First, please let me tell you that I am sorry to hear about your recent losses of your daughter and son in law. If the mechanic knows that she is deceased then it seems to me that he is a piece of garbage for doing this to you even if he is within his legal rights to do so.

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A mechanic does not need a lien on a car to retain it if he claims he is owed money by the owner of the car that had just been towed to his shop. While he has the right to retain the car for payment, he should be willing to give you an invoice regarding the amount of money that he claims is owed from the prior repairs so that you can assess whether or not the charges are real and make some payment arrangements if you cannot disprove what the mechanic is claiming. If you do not agree with his repair assessment, you can take the matter into small claims court using the value of the 95 mustang or the return of the mustang as your cause of action in these matters. You can take a matter to small claims court in most counties in Indiana for up to $5,000 without using an attorney and you can get the forms to do so at the clerk's office of the civil court in the county where you are located or the mechanic is located.

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I hope that helps. Please let me know if you have further questions. If not, can you please press a positive rating above so I will be paid for my time today. I am paid nothing unless you press a positive rating before leaving the website. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!

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mary