Question: I made the stupid choice to let my neighbor do the wiring on my buggy. A year later (yes it has taken a year) he says I owe him more money on top of the $800 I already paid him. I refused to pay him the additional money, since he did work not authorized, and the job isn't completed. He won't return my car and says he is now exercising his right to put a mechanics lien sale on it. My first question is, can he place a lien and sell my car? Second, if no, then how the heck do I get my car back?
Big lesson learned here. Thanks in advance.
Backyard Mechanic Nightmare
Re: Backyard Mechanic Nightmare
What state are you in ?
I am in CA and I am going to guess if you are the guy is a dick and will not even come close to meeting what he is required to under legislation :
Before Starting A Mechanics Lien On Any Vehicle. The Bureau of Automotive Repair (BAR), and the Department of Motor Vehicles have very strict rules for mechanics liens.
The basis is, but are not limited to;
You must have a valid (BAR) license.
You must have a signed work order with the name and address of the person who authorized the repairs.
The customer must have signed and received a copy of the cost of the repair and signed and received a copy for any additional repairs.
A mechanics lien must be filed with the Department of Motor Vehicles within 30 days of completing the repairs or billing the customer, which ever came first.
Your daily storage rate must be posted in clear view of the customer and should be clearly noted on the work order.
Best way to approach this situation is simply to calling the police and report your property stolen. If it is titled in your name he will be screwed as it even if he is legit with BAR, if he has it at home then he has to justify why he has removed it from his registered premises and taken it to his home address, obviously he did this with the intent of illegally gaining benefit.
Anyway each state is different so check your own rules, but I would say he is full of Bull*(&^ and has no idea WTF he is talking about
I am in CA and I am going to guess if you are the guy is a dick and will not even come close to meeting what he is required to under legislation :
Before Starting A Mechanics Lien On Any Vehicle. The Bureau of Automotive Repair (BAR), and the Department of Motor Vehicles have very strict rules for mechanics liens.
The basis is, but are not limited to;
You must have a valid (BAR) license.
You must have a signed work order with the name and address of the person who authorized the repairs.
The customer must have signed and received a copy of the cost of the repair and signed and received a copy for any additional repairs.
A mechanics lien must be filed with the Department of Motor Vehicles within 30 days of completing the repairs or billing the customer, which ever came first.
Your daily storage rate must be posted in clear view of the customer and should be clearly noted on the work order.
Best way to approach this situation is simply to calling the police and report your property stolen. If it is titled in your name he will be screwed as it even if he is legit with BAR, if he has it at home then he has to justify why he has removed it from his registered premises and taken it to his home address, obviously he did this with the intent of illegally gaining benefit.
Anyway each state is different so check your own rules, but I would say he is full of Bull*(&^ and has no idea WTF he is talking about
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ManxManiac
- Posts: 200
- Joined: Tue Mar 30, 2010 5:00 am
- Location: Ventura, CA
Re: Backyard Mechanic Nightmare
What Brad said!!!
Michael Cates
ManxManiac
#958
Ventura, CA
Original Meyers Manx "Xena"
M1609C8S22
ManxManiac
#958
Ventura, CA
Original Meyers Manx "Xena"
M1609C8S22
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YellowSafari
- Posts: 33
- Joined: Thu Jan 01, 1970 1:00 am
- Location: So Cal
Re: Backyard Mechanic Nightmare
Did you sign any work order with an estimate? If not he must return the car, and your money. You can call the local Police, if he can not provide a signed works authorizing him to work on the car, and an estimate. He can't lien or charge you. If he refuses to return your car he can be charged with grand theft Auto. If he's not licensed to work on cars at that locational Code Enforcement can cause him more trouble. Permits for Pressure vessels, Haz mat Haz waste, the list goes on.
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DIESELDOOG
- Posts: 265
- Joined: Thu Feb 24, 2011 6:00 am
- Location: Northern Illinois
Re: Backyard Mechanic Nightmare
Sean,
Remember that the lein rules are different in each state. What is the law in California, might not be true for Pennsylvania,
Florida, Montana, or New York. Check out the law for your state.
I would do everything I could to get the car back in your possession ASAP. Expect the fact that there will probably be some damage
to the vehicle, due to mechanic anger towards you. You might also check out if the mechanic is licensed to to the work in your state.
If so does he have the required insurance, bonds, certificates, tax numbers, etc. for this type work. Was the car titled or licensed? If
so, maybe it could be considered stolen at this point.
For your own sake, check out where you are legally in your state.
Remember that the lein rules are different in each state. What is the law in California, might not be true for Pennsylvania,
Florida, Montana, or New York. Check out the law for your state.
I would do everything I could to get the car back in your possession ASAP. Expect the fact that there will probably be some damage
to the vehicle, due to mechanic anger towards you. You might also check out if the mechanic is licensed to to the work in your state.
If so does he have the required insurance, bonds, certificates, tax numbers, etc. for this type work. Was the car titled or licensed? If
so, maybe it could be considered stolen at this point.
For your own sake, check out where you are legally in your state.
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aBuggymom1
- Posts: 53
- Joined: Mon Jan 12, 2015 6:23 am
Re: Backyard Mechanic Nightmare
Sean, lots of luck..good things happen to good people..your manx club family is rooting you on! So glad you and stacy and grand daughter brianne were at big bear bash 2015..I hope it gave you more inspiration! Keep in touch k, stacy smith #3942
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aBuggymom1
- Posts: 53
- Joined: Mon Jan 12, 2015 6:23 am
Re: Backyard Mechanic Nightmare
Sooo happy for you...you got your baby back! Good things happen to good people..happy trailsBrad wrote:What state are you in ?
I am in CA and I am going to guess if you are the guy is a dick and will not even come close to meeting what he is required to under legislation :
Before Starting A Mechanics Lien On Any Vehicle. The Bureau of Automotive Repair (BAR), and the Department of Motor Vehicles have very strict rules for mechanics liens.
The basis is, but are not limited to;
You must have a valid (BAR) license.
You must have a signed work order with the name and address of the person who authorized the repairs.
The customer must have signed and received a copy of the cost of the repair and signed and received a copy for any additional repairs.
A mechanics lien must be filed with the Department of Motor Vehicles within 30 days of completing the repairs or billing the customer, which ever came first.
Your daily storage rate must be posted in clear view of the customer and should be clearly noted on the work order.
Best way to approach this situation is simply to calling the police and report your property stolen. If it is titled in your name he will be screwed as it even if he is legit with BAR, if he has it at home then he has to justify why he has removed it from his registered premises and taken it to his home address, obviously he did this with the intent of illegally gaining benefit.
Anyway each state is different so check your own rules, but I would say he is full of Bull*(&^ and has no idea WTF he is talking about
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aBuggymom1
- Posts: 53
- Joined: Mon Jan 12, 2015 6:23 am
Re: Backyard Mechanic Nightmare
Sooo happy you got your baby back! Happy trails! Proof good things happen to good peoplescooley wrote:Question: I made the stupid choice to let my neighbor do the wiring on my buggy. A year later (yes it has taken a year) he says I owe him more money on top of the $800 I already paid him. I refused to pay him the additional money, since he did work not authorized, and the job isn't completed. He won't return my car and says he is now exercising his right to put a mechanics lien sale on it. My first question is, can he place a lien and sell my car? Second, if no, then how the heck do I get my car back?
Big lesson learned here. Thanks in advance.