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  1. #1
    Join Date
    Jan 2020
    Posts
    2

    Default Mechanicís Lien when I Didnít Order the Work

    My question involves a consumer law issue in the State of: Georgia

    Unusual situation: acquaintance insists on fixing my car (Blown engine) and i foolishly agree. Car is towed and after 2 months of nightmare car comes back in terrible shape but new engine. Long story short, i find out after the fact that the acquaintance took the car to another mechanic (auto shop) to have the work done. It seems that their terms were completely different (higher price, worse engine with higher miles). The mechanic insists that ďhis engineĒ is in my car and threatening to put lien on my car. I keep directing him to my acquaintance (the one who ordered the work without my knowledge) but mechanic keeps coming after me. It almost seems like the mechanic and the acquaintance are on this together (they have been doing business together for 20 years according to the mechanic).

    I am willing to pay what i agreed with my acquaintance (have text messages to prove it) after they fix few issues. But, again, the acquaintance seems to be out of picture now and the mechanic is threatening.

    What options do i have and can the mechanic repossess or put a lien on my car? I currently have the car in my possession.

    P.S. i found out after the fact that the acquaintance had screwed over two other people in our neighborhood, with i knew that beforehand.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,932

    Default Re: Mechanicís Lien when I Didnít Order the Work

    Quote Quoting Mike voltin
    View Post
    My question involves a consumer law issue in the State of: Georgia

    Unusual situation: acquaintance insists on fixing my car (Blown engine) and i foolishly agree. Car is towed and after 2 months of nightmare car comes back in terrible shape but new engine. Long story short, i find out after the fact that the acquaintance took the car to another mechanic (auto shop) to have the work done. It seems that their terms were completely different (higher price, worse engine with higher miles). The mechanic insists that “his engine” is in my car and threatening to put lien on my car. I keep directing him to my acquaintance (the one who ordered the work without my knowledge) but mechanic keeps coming after me. It almost seems like the mechanic and the acquaintance are on this together (they have been doing business together for 20 years according to the mechanic).

    I am willing to pay what i agreed with my acquaintance (have text messages to prove it) after they fix few issues. But, again, the acquaintance seems to be out of picture now and the mechanic is threatening.

    What options do i have and can the mechanic repossess or put a lien on my car? I currently have the car in my possession.

    P.S. i found out after the fact that the acquaintance had screwed over two other people in our neighborhood, with i knew that beforehand.
    Don't let the mechanic fix the issues. If he gets your car in his shop he won't let you have it back until you pay him what he wants.

    He cannot "repo" your car. He maybe can place a mechanic's lien against it but he cannot repo it.

    Have you paid anybody, anything yet?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mechanicís Lien when I Didnít Order the Work

    Until the mechanic actually files for a lien, you are at a standoff.

    did you pay your acquaintance for the work you contracted him for?

    is the mechanic seeking payment for all of the work he claims to have performed or did your acquaintance pay the mechanic for any of the work he contracted with the mechanic for?

    the mechanic may have a valid claim for a lien but he has to file for it for it to be enforceable. If that happens, you will have a chance to defend yourself against the lien application.

    unless you agreed to allow your acquaintance to encumber you’re vehicle as he did, you would have a claim against your acquaintance for whatever the mechanic seeks from you.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,663

    Default Re: Mechanicís Lien when I Didnít Order the Work

    Quote Quoting Mike voltin
    View Post
    My question involves a consumer law issue in the State of: Georgia

    Unusual situation: acquaintance insists on fixing my car (Blown engine) and i foolishly agree. Car is towed and after 2 months of nightmare car comes back in terrible shape but new engine. Long story short, i find out after the fact that the acquaintance took the car to another mechanic (auto shop) to have the work done. It seems that their terms were completely different (higher price, worse engine with higher miles). The mechanic insists that “his engine” is in my car and threatening to put lien on my car. I keep directing him to my acquaintance (the one who ordered the work without my knowledge) but mechanic keeps coming after me. It almost seems like the mechanic and the acquaintance are on this together (they have been doing business together for 20 years according to the mechanic).

    I am willing to pay what i agreed with my acquaintance (have text messages to prove it) after they fix few issues. But, again, the acquaintance seems to be out of picture now and the mechanic is threatening.

    What options do i have and can the mechanic repossess or put a lien on my car? I currently have the car in my possession.

    P.S. i found out after the fact that the acquaintance had screwed over two other people in our neighborhood, with i knew that beforehand.
    First you need to read the Georgia statutes on placing a mechanic's lien on a vehicle and understand what the process is and the time periods to perfect a lien or have it barred.

    https://codes.findlaw.com/ga/title-4...t-40-3-54.html

    Just because the shop may place a notice of lien doesn't mean that you can't fight it.

    Second is that there is no privity of contract between you and the mechanic that fixed the car. Meaning that you have no contract with them. You signed no work order and you never even spoke with them. You didn't even know that they were working on your car. It was the acquaintance that contracted with the mechanic without your knowledge. And I don't think you signed any work order with them either that would have made them your agent in getting the car fixed.

    I would tell the mechanic that you will pay your acquaintance what you agreed to pay him and that he (the mechanic that fixed the car) can get paid from him. And that if he tries to perfect a lien against you he had better be able to prove that you authorized the repairs.

    If he files a lien, follow the statute to fight it.

  5. #5
    Join Date
    Jan 2020
    Posts
    2

    Default Re: Mechanicís Lien when I Didnít Order the Work

    Thank you all for the responses. Yes, I paid half to the acquaintance but not sure how much he gave to Mechanic (communication is not very transparent from either of them and stories constantly change). At this point, I am not going to let either of them get close to my car. I had it inspected and wrote the list of what needs to be fixed - I am absorbing some of these fixes and asking the acquaintance to pay for others. Also, before the final payment (amount agreed with the acquaintance) I asked for two things:
    1) proof that they installed what they were supposed to (engine with 20-30k miles) and
    2) statement (email/letter) from the mechanic that he will have no claim on my car after I settle this with the acquaintance.

    The link by budwad was very helpful. I just wanted to make sure the mechanic would not be able to two my car from the driveway and this doesn't seem to be an option (please let me know if I misunderstood). If the mechanic tries to put lien, I will hire a lawyer to help with the lien probable cause hearing and, hopefully, it will not go past that point.

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