Legal Question in Consumer Law in Georgia

I'm a shop owner and need to file a mechanic's lien

I have a customer that is refusing to pay his bill. Long story short-I own a performance Ford shop in Atlanta. Some time back, we modified a tranny in this guys truck. Recently, he broke a torque converter and the tranny overheated. A new tranny was $4K. I was able to fix his for $2K. When it was finished, when I told him the bill was $2K he wanted to pay a portion now ($1K) and the rest in 30days. I need teh money now. His complaint is not the cost, but in teh fact that I wouldn't take partial payment and now he's not gonna pay at all because he didn't sign anything giving me written consent to repair his vehicle. I've never made him sign anything in the past and now, he's bent because I wouldn't take partial payment.

What are my rights as a shop owner and his rights as a prperty owner.

I bent over backwards to fix his tranny with as little cost to the customer, in his best interest and in good faith. Now he's gonna stiff me on a technicality.

--name removed--Lewis


Asked on 7/04/04, 2:15 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: I'm a shop owner and need to file a mechanic's lien

You should not be doing ANY auto repairs without getting signed customer orders spelling out the terms and what is being done. No savvy custoimer would do business with a place that doesn't, and no good mechanic would skip that step. Revamp your business practices.

In all likelihood you can claim a lien (assuming you did not wait too long). However, given the size, expect a dispute, and get a lawyer. Given the potential damage to your business reputation and the long term harm an unhappy customer could cause, if he was a regular you may want to consider if your legal right to claim a lien and pursue that is smart business or not. You probably have the winning legal side in this, but winning for a businessman isn't always a win long term.

You might consider a note for payment (instead of pursuing a mechanics lien) if he will let you record a lien on his car title. Again see a lawyer.

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Answered on 7/04/04, 2:21 pm


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