Legal Question in Credit and Debt Law in New York

Personal posessions inside an automobile with a garagemen's lien

I have a vehicle that has been in a repair shop in New York State for almost a year. They have filed a garagemen's lien on the vehicle for my deductible and storage fees and I cannot pay them. I recently filed for bankruptcy and included the garage as a creditor. I also owe money on the car to the finance company and they are recalling the loan and attempting to reposess the car. I went to the garage that has the car to collect my personal belongings from inside the car (sunglasses, CD's, etc) and they told me I could not remove anything from the car until the bill is paid. Is that legal? Can they hold my personal effects from inside the vehicle, or am I entitled to retrieve them?


Asked on 11/28/05, 5:08 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Personal posessions inside an automobile with a garagemen's lien

if you are paying a lawyer to represent you in the bankruptcy proceeding you should be asking him/her this question. I think you may need a court order to gain access to the car to get your personal property out IF you cannot gain access peaceably (with the permission of the garage).

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Answered on 11/29/05, 12:10 pm


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