Legal Question in Credit and Debt Law in Illinois

My uncle owns a autobody repair shop. A customer brought their car in for repairs but never picked it up because during that time they filed for bankruptcy and couldn't pay for it. The car is being stored in the shop for about a year now. The bank (I'm assuming the one who has the loan for the car) has sued the shop saying they want the car back. The dispute is over the storage fees. My uncle doesn't want to release the car because he says he should be paid the $30.00 per day storage fee for holding the car.

Can he make the bank pay some of that storage fee? Or would he have to go after the owner? Not sure if it makes any difference but as far as I know I don't think he got a mecahnics lien on the car.


Asked on 6/13/11, 12:49 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

He has a common law lien for the storage. He can, with appropriate notice, sell the car.

Read more
Answered on 6/13/11, 1:43 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Illinois