Legal Question in Business Law in Florida

Mechanics Lien

My elderly mother in law dropped her car off at a repair shop for service.She received a call that she needed her motor rebuilt at a cost of about 3-4 thousand.She said OK over the phone.(no written work order)The shop called her back the next day and told her the bill would be more like 8-10 thousand for a remanufactured motor because hers was not repairable.She said to stop work because she could not afford that.The shop said that beacuse they already went ahead and ordered a replacement motor she would have to pay $800. to send the motor back.The labor for looking at her car was $214. which she agreed to pay.The shop is threatening her by placing a lien on her car if she doesn't pay the restocking motor charge.

Again,she never approved the shop to look for a replacement motor or order one.She never signed a work order for the car repair the first day she took the car there.I think they are trying to scare her into paying a bill she didn't approve.Any advice or direction would be extremely appreciated.

Thank you


Asked on 12/03/99, 12:25 pm

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Re: Mechanics Lien

There is a statute governing the proper procedures.

Basically, the auto repair shop is entitled to

place a lien on the vehicle. Your mother then

would have the right to post the money with the

court. She would then be able to get her car

back and the parties then would try the case

before the judge to determine who would be entitle

to the disputed funds. I strongly suggest you

seek the advice of counsel. As the statute provide

for attorney's fees, you may find one willing to

take the case on a contingency basis. I would not

recommend your mother getting into this type of

controversy without legal representation.

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Answered on 12/03/99, 5:04 pm


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