NEED HELP! customer wont pickup her vehicle....

[PARKSINDUST]

First off customer okay'd job on 11/21, advised what needed to be done and customer kept avoiding my calls. Called her about every week, then about two weeks ago called her and left a message (she didnt answer, surprise surprise) and advised that if she didn't pay the remaining bill what we did on the vehicle and pick it up, then we would have it towed at the end of the day on Friday two weeks from then. Never called, never showed, had it in our shop for 3 months. The towing company had to contact the authorities in so many days so its not considered a stolen vehicle, then customer calls my tow guy and bit#@%S out his son, then they call the police. So now do I have to call the police or take it to small claims court??

Does the mechanics lien actually work or stand up to authorities or the court?

How much can one shop charge for storage fees? its been in our shop since November, I could charge that, it has taken up our 2nd rack and lost us money.

Now they dont want to pay the bill or the tow fee, how do I go about this, please help

 

Thanks

 

AK

[Joe Marconi]

First off customer okay'd job on 11/21, advised what needed to be done and customer kept avoiding my calls. Called her about every week, then about two weeks ago called her and left a message (she didnt answer, surprise surprise) and advised that if she didn't pay the remaining bill what we did on the vehicle and pick it up, then we would have it towed at the end of the day on Friday two weeks from then. Never called, never showed, had it in our shop for 3 months. The towing company had to contact the authorities in so many days so its not considered a stolen vehicle, then customer calls my tow guy and bit#@%S out his son, then they call the police. So now do I have to call the police or take it to small claims court??

Does the mechanics lien actually work or stand up to authorities or the court?

How much can one shop charge for storage fees? its been in our shop since November, I could charge that, it has taken up our 2nd rack and lost us money.

Now they dont want to pay the bill or the tow fee, how do I go about this, please help

 

Thanks

 

AK

 

First, we have all been down this road, so we all feel for you. Each state is different with respect to laws, storage, mechanic's lien, etc. i don't know if it was a good idea to tow the car out of your shop. It's always best to keep the car under your control, or if you own a storage yard. Having the car at your shop with authorization for repair work is different than no authorization for towing the car to another site.

 

You need to contact legal council. Do you have an attorney? If not, are there any auto ogranizations in your area that has a lawyer on retainer. Or, call other shops to see if they know of a lawyer or other legal counsil. Don't go on what other people say, not even the police. Get legal help. You need to protect yourself at this point. You may be 100% right, but certain protocol must be followed.

 

I hope this helps, I hate this part of the business....I have been there too many times....

[PARKSINDUST]

We had to tow it out, but he is a good friend of ours, and is helping us with the process and wouldn't release the car even to the police, but advised them that she never raised a fuss when it was taking up space in our shop, but since having it towed hhas raised hell, the cops understood. Never wanted to have to contact authorities but now she is refusing to pay the bill. I will contact an attorney and see what he says about Colorado law, thanks!!

[Joe Marconi]

We had to tow it out, but he is a good friend of ours, and is helping us with the process and wouldn't release the car even to the police, but advised them that she never raised a fuss when it was taking up space in our shop, but since having it towed hhas raised hell, the cops understood. Never wanted to have to contact authorities but now she is refusing to pay the bill. I will contact an attorney and see what he says about Colorado law, thanks!!

 

I understand. Yes, please contact an attorney ASAP!

[Gonzo]

If there is a shop owner who hasn't had this happen... they're not telling you the truth. Because it has.

Defiantly seek legal council (attorney) in your state that you trust is the first thing to do. Laws change and knowing what is legal is important.

Find out what your legal issues are with the car, the owner, the storage, the police, and the tow company.

 

Here in Oklahoma, I can file a lien on the car after it has been in my possession for thirty days. I then file a claim on the car through the proper channels. I include the original work order, dates and times that I've tried to contact them, the last known address, phone, etc... including any tow fees, storage fees,etc...(I charge 30 dollars a day storage) Our storage fees start after three working days of completion on the job. Oklahoma does not require a pre-work signature for approval. But your state might. If so... did ya get one? It takes another 30 days or so to get the release for the title. After that, I decide whether to scrap it, or sell it... as is. Right in front of the shop, AND... I call the customer one last time to tell them that they can buy their car back if they'd like to come down to the shop. LOL... they never do... but I sure like rubbin' it in. LOL

 

It happens, in fact I've got one right now that I'm about to file on. Crazy ain't it... they buy a car, they drive it... and then leave it... I guess hard times and bad decisions go hand in hand.

[xrac]

Here is the procedure for Colorado.

 

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application/pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251601500869&ssbinary=true

[PARKSINDUST]

thank you everyone!

 

AK

[xrac]

Here is the procedure for Colorado.

 

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application/pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251601500869&ssbinary=true

 

Reading through this procedure it looks like a Colorado is much harder to secure a title than Indiana is. I have pursued and acquired title to about 6 vehicles through the last 10 years.

[PARKSINDUST]

This really helps out a lot, thanks!

[xrac]

This really helps out a lot, thanks!

 

As you see, the key to these mechanics liens is to have the vehicle in your possession. However, it looks like a big headaqche in CO if their are liens. In Indiana if there are liens all I have to do is notify the lien holders by certified mail. If they want to keep the lien in force they have to pay the bill. If they don't the lien is wiped out. I have one right now that we put a transmission in and the woman never came to get it. I started this procedure but she called wanted to pay me when she got her taxes back. I decided to wait and see if that happens. If it doesn't I will go through the Indiana process.