Legal Question in Credit and Debt Law in California
We own an Auto Repair Shop in Southern California. We have a customer who has left his car here for over 3 years. He owes money on it. Also, we repaired another vehicle for him and he put a stop payment on the check. Not because the work was unsatisfactory, but because he didn't have the money. We have spoken with him several times about this situation. He always says he's going to be in a couple of days with all of the money and does not show. We feel he owes for storage also. Last time he came in, we had him sign a paper stating that we were going to charge him $25 per day storage. That was 3 months ago.
My question is, can we sell his car?
2 Answers from Attorneys
You oughta know about the car repair lien sale process. There are companies that specialize in handling this affair for auto repair shops. It is a Mechanic's lien sale. Good luck.
Mr. Marman is absolutely right. This is a technical legal matter that is so small that there are companies that will help handle it for you. There is a clear statutory scheme giving you the right to sell the cars if you follow the technicalities. The dollar values are so small, however, that we lawyers are never involved unless we represent one of these services that handles it for you. Oh, he is DEAD WRONG on one thing - this is not a "Mechanics lien." For reasons I have never had explained to me, "mechanics liens" only apply to contractors, subcontractors and material suppliers to improvements to real property, i.e., having nothing to do with "mechanics." True mechanics, like you, have "automotive repair lien" rights.
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