Legal Question in Personal Injury in California
Can they sell my car?
I had my car's engine restored after a service station forgot to put my radiator cap back on and it resulted in burning up my engine.I am suing them but its been a long road 9 months--The automotive shop that put the new engine in charged me 8,500 dollars--that was for labor and the cost of the 5.7 chevy engine. I paid them 3,300 dollars of it so far but I told them that as soon as I got the money from my court case I WOULD PAY THEM THE REST AND IN THE MEANTIME i would make partical payments--they agreed--well I didnt talk to them for a few weeks because I didnt have the money to pay them(I did make several payments) and they sold my car!!!!!!! Im only 2 weeks away from my court date with the people who screwed up my car in the first place --but I cant beleive that they sold my car--I had just put in a 1,000 dollar sterio and it had brand new tires--700.00 dollars worth. They themselves put a 8,500 dollar brand new engine in it and they say they sold it for 6,700--I think its B.s--what can I do--its all that I had--and now I have nothing-I only owed them 5,000 dollars more to--so how could they just sell my car?
1 Answer from Attorneys
Re: Can they sell my car?
In order for the auto shop to legally sell your car, they would first have to give you notice of a lien sale, and notify the DMV. That means if they did it legally, you would have had the opportunity to object to the sale. If they did not sell it legally, it is going to be hard for the new owner to obtain title to the vehicle.
One of your problems is going to be proving your oral agreement with the shop. Another problem you will have is that you admit "I didnt [sic] talk to them for a few weeks because I didnt have the money to pay them," which says that you did not live up to your end of the bargain (i.e., you did not pay them according to the terms of your agreement).
At this point, unfortunately, you will probably have to sue them to recover the value of the car.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
