What is a mechanic’s right to hold a car for non-payment?

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What is a mechanic’s right to hold a car for non-payment?

I borrowed friend’s car. It broke so I took it to a mechanic to fix. When I did not keep payments he repoed car. My friend did not sign anything on the fixing of the car. I did and the pay arrangements are with me.The car is solely under my friends name and he is still making payments to finance company. The mechanic is in no way associated with the finance company. I incurred the debt and he is holding my friend’s car hostage.

Asked on May 9, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under most repair agreements for automobiles in accordance with the laws of a given state, an automotive repair mechanic has a lien on a vehicle worked upon pending payment by the person who brought the vehicle in.

I suggest that you carefully read the written repair order that you presumably signed for the vehicle that you are writing about. Most likely there is a lien provision within it benefiting the mechanic.


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