Legal Question in Business Law in California

Car Dealership Will Not Relase My Car

In Jan. 08 I bought a car. Part of the deal was I needed to make the first payment $3000. I wrote a check & it bounced. I then arranged a payment plan with the dealership of $500 per month (the dealership paid the bank the down payment on my behalf). I made one payment of $500 in Feb. 08 & haven't made another one since. Yesterday, I took my car into service at the dealership for an oil change & now they will not release my car to me until the remaining balance from the Jan. 08 bounced check is paid (which is $2500). I cannot pay this high of an amount today & this has nothing to do with my oil change. The service dept. said they are putting a mechanic's lean on my car. I told them I would call the local sherriff & they told me that there was nothing the sherriff could do. I do not know my rights on this issue & I do not know if the dealership has the legal right to keep my car from me.


Asked on 5/29/08, 4:30 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Car Dealership Will Not Relase My Car

The dealer has a Civil Code section 3051 special possessory lien for the amount of the repairs. The claim for more money is bogus. Further, even though the person who worked on your car may have been a mechanic by trade, this is NOT a "mechanic's lien" situation. Mechanic's liens are somewhat mis-named; they arise in favor of persons who furnish labor, materials or equipment for a work of improvement to real property. You are being subjected to B.S. in my humble opinion. Of course, the dealer may have a right to repossess the vehicle, and they may have done so lawfully here, but it doesn't sound like it.

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Answered on 5/30/08, 1:09 am


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