Legal Question in Consumer Law in Missouri

auto

Can a mechanic shop sell my car without the title?


Asked on 8/04/08, 7:16 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: auto

Yes.

Chapter 430 of the Revised statutes (See http://www.moga.mo.gov/statutes/C400-499/4300000082.HTM) provides that after 90 days the mechanic may apply for a certificate of title to the vehicle and sell it to recover the costs of the repairs.

The law provides that notice must be given:

2. If the chattel is not redeemed within three months of the completion of the requested labor, services, skill or material, the lienholder may apply to the director of revenue for a certificate of ownership or certificate of title.

3. If the charges are for storage or the service of towing the motor vehicle, trailer, outboard motor or vessel, and the chattel has not been redeemed three months after the charges for storage commenced, the lienholder shall notify by certified mail, postage prepaid, the owner and any lienholders of record other than the person making the notification, at the person's last known address that application for a lien title will be made unless the owner or lienholder within forty-five days makes satisfactory arrangements with the person holding the chattel for payment of storage or service towing charges, if any, or makes satisfactory arrangements with the lienholder for paying such charges or for continued storage of the chattel if desired. Forty-five days after the notification has been mailed and the chattel is unredeemed and no satisfactory arrangement has been made with the lienholder for payment or continued storage, the lienholder may apply to the director of revenue for a certificate of ownership or certificate of title as provided in this section.

Hope this helps

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Answered on 8/05/08, 9:13 am


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