Law Question

[Earthworm]

I thought I read somewhere that it's illegal for a mechanic to detain someone's vehicle until payment is received in full. If this is true I'm looking for something official that I could use.

[Beav]

Are you nuts?? Would you give someone cash if they promised you a check in two weeks? Once the car is gone what recourse does the mechanic have? Go to court, win a judgement and still never get paid?

Go to a restaurant and eat a meal and try to leave without paying.

David, you surprise me.

[Earthworm]

It's just something I thought I read somewhere...that's all. I just wanted verification.

I was doing some searching on local government web pages and can't find anything like this either. In fact there is a page on the opposite and the process involved with detaining a customer's car until payment is received.

[Suby Fan]

actuly untill you have that repair payed in full the mechanic has a mechanic's lean on it... it is the machanics and can not be taken untill payment is payed in full even by 3rd parties (repo companies ect.) we had this happen about 1 year ago at my shop we fixed someones pickup when the caliper broke off the hub and they ended up going to jail... a repo company came and took the car with out paying the bill.. that repo company actually got in a lot of trouble for that one

[Alycone]

I dont know what the canadian laws are.

In the US I think they can keep your car, sell it, and give you the leftover if you dont pay for the repairs. But they cant charge more than 10% over estimate for the repairs. I seem to remember my mechanic complaining about having to do that on a WRX when the person decided after a new tranny install and some engine work that they didnt want to bother with the car afterall.

[svxpert]

<<I thought I read somewhere that it's illegal for a mechanic to detain someone's vehicle until payment is received in full. If this is true I'm looking for something official that I could use.>>

its all about how you go about things. if you own the car and can just drive the off the repair lot without a disturbance, its just a civil complaint. if you have to burglarize the building in the process, its a criminal action. They cannot "hold" your car for a repair bill, thats theft.... but they can do there best to make it hard for you to just drive it away. Thats in NJ though, other states vary.

<<I dont know what the canadian laws are.
In the US I think they can keep your car, sell it, and give you the leftover if you dont pay for the repairs. But they cant charge more than 10% over estimate for the repairs. I seem to remember my mechanic complaining about having to do that on a WRX when the person decided after a new tranny install and some engine work that they didnt want to bother with the car afterall.>>

Its hard to sell a car without the title anymore. and its harder to get a title if you don't have the owners signature, regardless if you have repair paperwork.

[Beav]

Mark up an additional reason to not live in N.J.

In some states parts are parts but when labor is involved dashing on a tab is a felony. Not a good way to make friends unless your idea of fun is a canoe trip with Ned Beatty. You might also consider reading the repair order you signed when dropping the car off, there are some very specific contractural agreements made by both parties.

Still some states consider leaving a car at a shop gives them custodial care and removing the car without their permission is theft, whether there is a bill or not. Flip side is dropping a car and something happening to it, parking lot acciddent, theft, etc. You're dang certain to be expecting them to be responsible, aren't you?

Taking a car, that has been repaired per the customer's approval, without the shop owner's consent is theft - pure and simple. There is no other way to slice it.

Order a meal at Denny's, eat it and leave without paying - it's theft. Pick up a diamond ring at the jeweler and leave without paying - it's theft. Take your tv in for repair, authorize the estimate, go to the store and take it without paying - it's theft. How simple can this be to understand?

If the shop owner agrees to terms and allows the car to leave, he cannot go 'repo' the car when the deal sours. He either has to go through due process or, if he is smart, invite the customer to return to the shop (and hopefully he's driving the car) and then keep the car - in many states that is legal. He would still have to go through the court but at least his interests are in his posession.

[bcpianoman]

Dave - take a look at this link

http://web2.gov.mb.ca/laws/statutes/ccsm/r090e.php

Cheers

[NikFu S.]

Originally Posted by Alycone

I dont know what the canadian laws are.

In the US I think they can keep your car, sell it, and give you the leftover if you dont pay for the repairs. But they cant charge more than 10% over estimate for the repairs. I seem to remember my mechanic complaining about having to do that on a WRX when the person decided after a new tranny install and some engine work that they didnt want to bother with the car afterall.

This is how I bought the Stealth. It went in for some fixing, owner never recovered it, I bought it off the mechanic.

[Chiketkd]

Originally Posted by NikFu S.

This is how I bought the Stealth. It went in for some fixing, owner never recovered it, I bought it off the mechanic.

I also saw a 300ZX TT on Ebay once that had a mechanic's lean which the shop was selling.

[subi-crosser]

Originally Posted by Beav

Are you nuts?? Would you give someone cash if they promised you a check in two weeks? Once the car is gone what recourse does the mechanic have? Go to court, win a judgement and still never get paid?

Go to a restaurant and eat a meal and try to leave without paying.

David, you surprise me.

3 months ago, in MD, an off duty 'rent a cop' put 5 rounds into a jeep and killed a guy for skipping out at an I-HOP!!

Jerry