Legal Question in Consumer Law in New York

Can an Auto Repair Shop file a lien against my car?

I took my in-laws car in for repair in NY. The car is registered to them in a different state. The repair work done was shotty and the repair shop claimed they did work that they did not. I put the repairs on my credit card. At no time did I sign anything. My credit card number was taken over the phone. The repairs that were, were done with less superior parts.

I have disputed the charges with my credit card company, as I charged the repairs to my card (not my inlaws). I am now receiving threatening calls from the owner of the repair shop and other people claiming to be a lien company. I have discussed with police and plan to file a report. In NY, can they actually come and take my car and file a lien? How do I protect myself?


Asked on 10/26/11, 6:23 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

IF they had possession of the auto at the time of non-payment then they can assert a lien; get a judgment; then sell the auto. In your case, they cannot do what amounts to "self-help" and repossess the auto without first going to court and obtain a judgment.

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Answered on 10/30/11, 8:27 am


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