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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111461
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I Own an Automotive repair shop ....registered owner left

Customer Question

I Own an Automotive repair shop ....registered owner left vehicle never picked it up or paid for repairs ,lien holder contacted me via a law firm stating that they would only pay up to maximum statutory fees and wanted vehicle picked up at a certain date ,date passed vehicle didn't get picked up ,received call from repo company that they would pick it up next day ,it was emailed to lawyer that a cashier check had to be used as form of payment and guy didn't even have that....do I have any options this been going on for almost a month full of empty promises and in the mean time the car is still here,thank you
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would hold onto the car and sue to obtain the payment or ownership of the car in court and then you can get the court to order them to pay you or the court will order DMV to issue you title in your name. If the car is under a lien, you need to call the lender and inform them you will not release the car, since your mechanic's lien primes their lien, until they pay you the amount due on the bill. Do not release the car, that is your security to get payment or to hold until you sue in court for an order giving you possession on the car.
Contact the lender seeking to repossess and inform them you have a mechanic lien on the car and if they want the car they need to pay the amount due before you will release it. If they refuse, sue the owner to seek possession of the car or payment.
Customer: replied 3 months ago.
If they insist on only paying according to a statute that they gave me of CCC 3068 (c)(1), do I have a recourse against them for the amount of the repair that exceeds the limit they say of $1,500 for repair and $1,250 for storage and $50 for cost of lien for a total of $2800. And they still have not picked up the car.
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

You can indeed sue them for "reasonable storage" which is based on reasonable storage charged in the area at other storage facilities in the area.