Legal Question in Business Law in Texas
Question regarding abandoned vehicles
My father runs a small home-based mechanic shop. Granted, this is not a storage facility. Lately we've had problems with customers leaving their cars once they decide they do not have the funds needed to fix the vehicle. A few of the cars have been sitting at our house for several months. We have called the owners several times in an attempt to get them to pick the vehicles up. However, nothing happens. Is there any legal way to rid ourselves of these vehicles without having ownership or title rights? Thanks in advance for your help.
1 Answer from Attorneys
Re: Question regarding abandoned vehicles
Yes, there is. First you need to send a letter, certified mail return receipt requested, stating that the vehicle has been left at your facility for over X number of days, that the invoice for $Y remains unpaid, that storage after 10 days is now accumulating at $15 per day, and that if the vehicle isn't paid for, including storage charges, you will exercise your garageman's lien and sell the vehicle.
Contact the DMV for the forms for lien title.
Send notice of pending sale, giving place, date and time for the sale, sent by certified mail, return receipt requested, and then sell the vehicle after at least 10 days notice.
Note that any funds received in excess of the repair charges and storage fees, and costs of the sale itself, go to the previous owner.
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