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Old 03-23-2013, 03:37 AM   #1
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Mechanics Lien Help!

Okay so the 1st mechanic, which I fired, is now threatening to file a mechanic's lien against me. I live in TX. The quote was for a finished drivable vehicle and it was to be done at his location and take about 2 weeks total. He is non licensed and non insured. The vehicle is at my house, has taken over 5 weeks, and still isn't finished. I have done alot of the work myself and have others that can vouch for me. I had paid him 300 and nothing more, and he wants to file a lien for 900 more. He never answered my calls or text and so these past few days I have ignored his calls and texts which have been very few. Without licensing and insurance and no signed contract, he cant even do this can he?
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Old 03-23-2013, 04:37 AM   #2
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His word against yours.
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Old 03-23-2013, 06:44 AM   #3
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In NC I believe he'd actually have to have possession of the car, I could be mistaken but a finished job in his possession would seem like the 'proof' he needed. I would contact the DMV and license plate agency first thing Monday morning.
You can probably go online like you wanted to file a lien and see what's required to do so. If it were simple as he said, she said, every car scammer in the US would be claiming liens on ppl's cars..
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Old 03-23-2013, 07:52 AM   #4
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Quote:
Originally Posted by deadsp0t View Post
In NC I believe he'd actually have to have possession of the car, I could be mistaken but a finished job in his possession would seem like the 'proof' he needed. I would contact the DMV and license plate agency first thing Monday morning.
You can probably go online like you wanted to file a lien and see what's required to do so. If it were simple as he said, she said, every car scammer in the US would be claiming liens on ppl's cars..
Very true. It's pretty hard to just file a lien and if he has no business license, I'm not sure how he could file a lien. This sounds like judge Judy material
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Old 03-23-2013, 09:51 AM   #5
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This will put you at ease and settle everything.

Can an auto mechanic place a mechanic's lien on a vehicle without notice if there was no written or verbal contract for repair or payment?

Under the laws of all states in this country, for an auto mechanic to have a statutory lien on a vehicle for services and parts rendered, the mechanic must be a licensed mechanic in the state where the work was done and the contract for the repairs of the vehicle must state that the mechanic has a lien for services/parts provided.

From what you have written, it does not appear that the mechanic is entitled to a lien on the vehicle you are writing about.
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Old 03-23-2013, 09:57 AM   #6
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Hi, yes he has the right to file for a lien on your car. It will be dismiss because of what Maldog stated.
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Old 03-23-2013, 01:19 PM   #7
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How could he file a mechanic's lien if he isn't even a licensed mechanic?
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Old 03-23-2013, 01:21 PM   #8
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How could he file a mechanic's lien if he isn't even a licensed mechanic?
That's what I'm wondering. Does he even have a business license?
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Old 03-23-2013, 01:38 PM   #9
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It work the same way a Small Claim court works. Any person can pay the filing fees and file a claim. There is no law against anyone filing a claim. As long as you pay the filing fee . You can file a a claim. I agreed with Maldog, IMO i believe it will be dismiss.
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Old 03-23-2013, 02:09 PM   #10
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It work the same way a Small Claim court works. Any person can pay the filing fees and file a claim. There is no law against anyone filing a claim. As long as you pay the filing fee . You can file a a claim. I agreed with Maldog, IMO i believe it will be dismiss.
Got ya. That makes sense.
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Old 03-24-2013, 06:14 PM   #11
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So far this is what I have collected. Ill be able to speak to a lawyer tomorrow.

1. Needs written contract - doesn't have
2. Needs to be licensed - isnt licensed
3. Insured? - isnt insured
4. I have proof ive done the work
5. I have people that will testify that ive done the work
6. He has told me before that since he only deals with cash he cheats taxes
7. He has to have possession of the car - it is in my garage
8. Since it is in my garage I could file against him for a storage fee assuming a lien actually went through
9. I can file theft since he has parts from my car including shifting linkage and a wood grain shifter
10. If I took him to court he would have to pay the money for a lawyer and since he had mentioned he can barely afford his phone bill then I would assume he could afford a lawyer.
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Old 03-25-2013, 09:42 AM   #12
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Wow, I sure learned a lot from this post !!!!!

I learned to NEVER EVER have a fly by night person that has no business license or regular shop ever touch my Mustang.

If I can't do something my self or with a friends help. I will find a good licensed shop to do the work and pay the $$$$ to get it done right and problem free.

I want to thank the OP for this post because it Will help a lot of other owners to not use fly by night mechanic's.

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Old 03-25-2013, 10:08 AM   #13
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I lost over $3,000 when I was 16 on a shady transmission shop working on my 91 F150 4x4. They ****ed up the whole thing kept dragging it on for weeks flat out lied to me I was just a dumb kid and couldn't argue with them as at the time I knew NOTHING about car repairs or parts prices.

They went out if business about 6 months later and I never could get **** back from them.

I also had a back yard mechanic replace the transmission in my 99 chevy blazer and he did it in 2 days and saved me probably $1,900 and it ran PERFECT for years.
You just never know with those things :/
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