Legal Question in Civil Litigation in Texas
How to handle a mech lein/work not completed
Approx 2 yrs ago I took my '68 Thunderbird to a collision repair ctr to have rear lower quarter-panels replaced due to rust. We agreed that he would cut out the rusted panels & replace with after-market replacement or aquire some panels from a salvage yard.
When supposedly completed, I went to pick up the car and discovered that he had one of his men make the panels. That wouldn't be a problem with me except the panels do not follow the same contour/shape as the originals. The bottom edge of the panels do not curve under the car as the rest of the body does. The shop owner did this on his own without my approval. Being a classic, this has lowered the value significantly. I never signed anything, but he let me take the car. I sent him a letter stating that I would not pay that balance since he did not restore the panels to the original shape/contour. I never heard anything since. Now, 1 1/2 to 2 years later, his "collector" showed up on my doorstep making threats (mechanics lein) if I dont pay the remaining $600.00. What should I do? Should I take him to small claims court? What can I do to protect myself from a mechanics lein?
2 Answers from Attorneys
Re: How to handle a mech lein/work not completed
The collector is bluffing. The time for filing a valid mechanic's lien is long gone.
I would nothing. If he sues for the debt counterclaim for your damages.
Re: How to handle a mech lein/work not completed
Making threats about remedies which cannot be legally accomplished is a deception under the Federal Fair Debt Collection Practices Act and the Texas Collection Act. If you want to pursue a legal solution, call me at 1-877-320-5232
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