Legal Question in Civil Litigation in Washington
Auto Repair
My wife owns a car that was towed without her permission by her exhusband to a mechanic in another county. The exhusband instructed the mechanic to do $3,500 in repairs to the car. When my wife discoverd the car was missing she tracked down the mechanic and ordered all work to stop. Exhusband is MIA and has a LONG history delinquent bills and collections. The Mechanic is requesting $1100 in labor, parts and towing from my wife. She authorized none of this and the mechanic was misled by the exhusband as to who owned the vehicle. Title is clear and in my Wife's name only. Is she responsible for the bill? Can we go reclaim the car and leave the dispute between the mechanic and the exhusband? Is this worth threatening small claims court to the mechanic if he refuses to release the vehicle?
Please respond. Thank you.
1 Answer from Attorneys
Re: Auto Repair
Mechanics have a right to be paid for the work that they do, even if a non-owner authorized it.
They can take what is called a mechanic's lien and impound the car until the work on it is paid for, or if it isn't eventually they can sell the car to recoup their costs.
I know that you are convinced that this is all ex's fault, and you know, maybe it is. So sue HIM for the money to get the car back. If she's divorced and there's a decree, the court has the power to make him responsible for the bill and to pay her for the aggravation of what has happened -
so long as you can prove it.
When the car disappeared, how long was it before she found it? Did she make a police report about the missing car? How long between when she tracked it down and when she found it?
If it was a really short period of time, that suggests she had other information you aren't sharing; if it was a long time, I have to wonder how she eventually figured it out.
If he's close enough to get the car and take it to a mechanic and incur a big bill, how is he completely un-findable?
The mechanic's error was thinking he had the go-ahead, and chances are he has authorization for the work in writing.
There is no point in threatening to take him to small claims. Replevin actions happen in superior court only. The small claims court can award your wife a $4,000.00 judgment against her ex, but if there is all ready a divorce, there's no point in re-inventing the wheel, and plus, you owe the mechanic money.
Sorry this took so long. Powell
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