Falsely filed mechanic's lien

A

Avodrok

Guest
Jurisdiction
New York
I dropped my car off at a repair shop to be repaired and sold for consignment. The guy (Joe)went out of business and asked a friend of his to let him keep it at his shop until Joe was able to sell it. I did not know he dropped it there. The new guy (Ken) put a mechanic's lien for storage fees. I tried to settle with him. He called my Finance company and falsely stated that I abandoned car. He also stated that he had the car for 2 months longer than he did. How do I bring a motion against him to recover the money I have to pay my finance company to get my car back? I would also like to know how to get the repo off of my credit. Ken did not have a signed or verbal agreement with Joe or myself. He lied on the lien notice about the date the car was first in his possession. He lied about doing the repair work. I have many supporting documents.
 
avodrok said:
Hmnnnn, hire an attorney for 3-5 thousand to get back $1250......
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If you do a little research, you can save the five grand and sue the guy in small claims court.

The most you could lose would be your filing and service fees, probably no more than a couple hundred, if you lost. If you win, you receive a $1,200 judgment that you'd have to enforce and collect.

Truth is, there's no easy way. This one requires you to do the heavy lifting, otherwise let it go by not throwing good money after bad.
 
army judge said:
If you do a little research, you can save the five grand and sue the guy in small claims court.

The most you could lose would be your filing and service fees, probably no more than a couple hundred, if you lost. If you win, you receive a $1,200 judgment that you'd have to enforce and collect.

Truth is, there's no easy way. This one requires you to do the heavy lifting, otherwise let it go by not throwing good money after bad.
Click to expand...
Thanks! That's what I figured. I did the research to find out how to stop the auction. I had an order to show cause with temp restraining order and all complaints and affadavits all filled out. But now when I called to give him notice I was filing, he made a deal with the finance company.

Thanks again. I will research small claims court. It looks like it's going to be easier.
 

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