Consumer Protection Law

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We are an auto repair shop in Cypress, TX with a legal

Customer Question
We are an auto...

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.

Lawyer's Assistant: OK. The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?

No, we have not.

Lawyer's Assistant: Please tell me your email address, in case we get disconnected.

Customer:***@******.***

Lawyer's Assistant: Thanks. Are you ready to speak with the Consumer Protection Lawyer now?

Yes.

Submitted: 2 years ago.Category: Consumer Protection Law
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Answered in 20 minutes by:
2/24/2016
Consumer Protection Lawyer: Roger, Lawyer replied 2 years ago
Roger
Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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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.

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Consumer Protection Lawyer: Roger, Lawyer replied 2 years 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

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Consumer Protection Lawyer: Roger, Lawyer replied 2 years 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.

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