Mechanics lien

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amykendrick52

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My mechanic told my vehicle to his shop when the engine blew it told me it would be a month or two before he could get started on diagnosing it completely. After he diagnosed it he took of more time to try to find out if it would be worth to fix or just replace the engine. Then he decided that we would need to replace the engine at which point I let him know that I would start looking for an engine for him to replace it with. He told me it was no problem and worked on other vehicles for me this entire time. And today I just received a mechanics lien form letting me know he is intending to place a lien on it in the sum of $3300. The letter also states that he has had the vehicle for two years which is untrue and that he fixed it over two years ago which is also untrue. How can I get my vehicle back from him and not have to pay what I do not owe?
 
It depends on what you agreed to pay.

When did you actually hand over the car, and what was your agreement?
 
Hello Amy:

The mechanics law lien process drastically changed two years ago with new laws signed into place on or about July, 2012.

You'll need to bring yourself up to speed on those laws before deciding what you can or should do about this:

http://www.pillsburylaw.com/publica...fornias-mechanics-lien-law-coming-july-1-2012

If you considering how to get the lien released, read this:

http://www.cslb.ca.gov/consumers/le...ditionalandunconditionalwaiverreleaseform.asp

It all depends on how much the car is worth.

Then, you'll have rebut the two year allegation the mechanic has lodged.

It isn't that you say its been one month, versus her (your mechanic) saying she had the car two years.

Proof will be required to rebut her assertions.

To you the car may be worth $500,000.

What you need to consider is what someone would pay to buy the car from you.

If you could only get $1,200 from selling the car, it'd be stupid to offer much more than $600 to $800 to settle this issue.

You also want to know (if such tings matter to you), if this issue goes to court, will it ding your credit, and will a judgment issue.

You might want to meet privately with a local attorney and ask about these matters, especially with teh new law in yoru state.

It could also be to YOUR advantage the mechanic is stupid and is filing under the old law.

If that's the case, don't blab, just be ready to pounce if the time presents itself properly.

The initial meeting with a local lawyer is normally FREE of charge.

So, it can't hurt to better educate yourself.

In the future, I suggest you avoid dealing with these mom and pop garages.

They appear to be cheaper IF nothing goes awry.

You know now that that rarely happens.
 
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