vip_motors

Hi guys. My SMG tranny was broken and I left the car in the garage, the guy told that he can fix it for me and I left my car in his garage. Every week he told me that is gonna be ready tomorrow, next day when I call him either he don't answer either he says tomorrow again. I waited for 2 months and the guy still telling me tomorrow-tomorrow. Then after 2 months a 2 weeks he told me that the car is ready, but need some programation He told me that it need to have some special computer so he send my car to another garage to fix it. I waited another 4 days came to the garage where my car was and the car wasn't there. They dont even tell me where my car was at this moment. I went to the local dealer and saw my car in thier garage they was fixing something. I talked to SA and he told me that they changed some sensor because the car didn't start up and transmission is not working only second gear is working. I ask SA to give my car to me (I told him that I will pay for sensor and labor) He refuse to give me my car. He said that I have to pay to the guy who brought the car 3000$+ 400$ To bmw dealer. For sure I refuse to pay 3000$ For the car which is not working. I waited till all SAs finish their job my car was parked outside, took my 2nd key and Picked car without payng nothing. I drove 2 blocks to gas station and my car was smelling and smoking clutch I don't know what they did with my car. I called towing and brought my car to some BMW specialist. Next day cops called me and told me that I have to pay money or bring my car back to stealership, or pay 3000$ to that asshole who broke my car. I refuse, cop told me: "You're in shit". Then he told me that if I don't bring my car back to dealer that he will report it stollen . What do you guys think? Can he report it stolen without owner??? I didn't sign any papers at dealer or at this asshole garage. Unfourtunatly my lawyer is out of town now. What should I do? I think cop is blefing about report/stolen.
P.S. I'm sorry for my bad english. Thanks in advance

miguex

wow. that is an interesting story. You waited 2 months???? I can't even do it.

Yes, call you lawyer ASAP!

Good luck!!! Keep posting...

wantmye90

Find another attorney and quick!

Good luck.

Presley348

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Call your attorney for his/her advice ASAP!!


Eddie Presley - GA

UUronL

What country is this? It's hard to give advice without that information.



In most of the states in the US, if you don't pay, a mechanic's lien can be filed.

From Wikipedia...

"Vehicular Definition of a lien sale
If a person has repaired, furnished supplies or materials, towed or stored a vehicle AND has not been paid for the services rendered, that person has a lien against the vehicle. The lien arises at the time the registered owner is presented with a written statement of charges for completed work or services.

If the vehicle is towed by a public agency or private towing company, the lien arises when the vehicle is towed or transported. The lien may be satisfied by selling the vehicle through the lien sale process.

To conduct a lien sale, the person/lienholder must have possession of the vehicle and have lien sale authorization from DMV. Interested parties, including the registered and legal owners of record will be notified before the sale occurs.

State of California,If the vehicle's value is $4,000 or less, the registered and legal owners of record will be notified by the party conducting the lien. If the vehicle's value is greater than $4,000, DMV notifies all interested parties. You can call (916)-657-7617 between the hours of 8 a.m. and 5 p.m. if you have questions regarding lien sales."



The thing I see here is that a lot seems to hinge on whether or not you have received a bill (written statement of charges) for -completed services-. This seems to signify the start of the lien. Even if you got a bill, it doesn't seem like services were completed - so there could be several valid legal arguments.

Get a lawyer.

EBMCS03

wow thats crazy. Where are you located? Something similiar happened to my aunt in NY but her case was that they fixed everything but wanted a crazy amount of money before they would release the car.

Not to point stuff out but VIP_motors? You sound like you are the shop in the horror story than the car owner.

vip_motors

I'm in Montreal Canada. I didn't sign any papers. I just talked to my lawyer and he told me not to talk to cops.

melimel

holy crap id be going crazy.. how are you remaining calm and why did you leave it there for 2months? doesnt matter now.. hope your lawyer helps you get it back.. report this asshole who "fixed" your car to the better business bureau and i dont know from there.. thats what a lawyer is for.. good luck! keep us posted.. ooo and sorry for seeming like im yelling.. i know you must feel like shit already..

evo42

You sure he was a cop?

BigMike

First of all, 2 months would not sit well with me! And if presented with a bill, I'd pick it up and drive off. Any problems I have with the garage would be settled after I got my car back.

I'm not sure but as for here, they can't keep your car--it belongs to you! If they screwed up in the repairs, that is to be settled separately but they can't hold on to you car. That's just illegal here!