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Ok so i had a lady back into me a few months ago, it dented up my hood but that’s about it, i took it to a shop where my brother works, got it appraised, and they ordered the parts for me. i never got around to fixing my car because i had to get into the money for personal reasons. My brother called me today telling me that his boss has a lean on my car, and that if i don’t fix it, he will repo my car. i don’t know if he can do this since he has not fixed it, the car is entirely in my name, and completely paid off. does anyone know if he can repossess my unfixed car? i need help on this ASAP!

6 Comments »

1. 

   No,He cannot repossess your car.BUT if you signed paperwork agreeing to have the car repaired there he MAY be able to put a lean on the car which means you won’t be able to sell until you pay him.(check the laws in your state) if you signed nothing there is nothing he can do.

   Now on the moral side of things you’re putting your brother on the spot and his boss will never trust him again should someone else need help with their car,and his boss also had to pay for those parts and that money dosen’t go back in his pocket until you pay him or he returns the parts

   Comment by spraymonkey001 — November 13, 2010 @ 9:02 pm

2. 

   In Indiana, all services must be approved before they are performed. Ideally, the service station will get a signed authorization, but a verbal OK stands up in court. If you did not authorize the repairs in writing or verbally, you can require the service/repair facility to place the vehicle back to its original condition.

   Comment by Amanda B — November 13, 2010 @ 9:02 pm

3. 

   The money you "had" to get into. Is that money from your pocket to pay for it, or is it money that the person that hit your car put up?

   If it is money from your pocket, shame on you for allowing someone to damage your car and not pay. If it is money from her insurance company it should have been paid directly to the repair shop to expedite repairs. If it is money form her pocket to pay for it you should have ask for an appraisal without ordering the parts. If the shop ordered the parts and you never told them to or signed anything it’s on them.

   No matter the situation, you really screwed up the relationship between your brother and his boss.

   Was it that important to use the money for something other than its intended use?

   I doubt your car can be repo’d over the whole thing but the fact of the matter is it shouldn’t have gone down like that in the first place.

   Comment by olddog0558 — November 13, 2010 @ 9:02 pm

4. 

   I don’t think they can repo your car due to the fact that they don’t own it. They didn’t fix it, they are probably trying to scare you because they ordered the parts and you didnt get it fixed. I think that they are trying to get you to get it fixed and pay for the parts that hey ordered? But no, i really don’t think they can put a lean on your car! The only way they can have a lean on it is if it has been sitting at their shop for such a long time, and then they can claim ownership of it! I know it does sound a little illegal, doesn’t it? But in all honesty, they can’t! I think its crazy on what people would for money nowadays!

   Comment by tabatha r — November 13, 2010 @ 9:02 pm

5. 

   He has placed a storage lien (not lean) on the car. They are well within their rights. You should have either had it fixed or removed it from the property. You can’t expect them to let you store it there for free. They have also ordered parts to complete the needed repairs.

   Comment by Otto — November 13, 2010 @ 9:02 pm

6. 

   If you told him to buy the parts, agreed to it or signed a work order to the effect of ordering parts to repair your car and you failed to: 1) Contact him to let him know you were not going to repair your car, 2) Contact him to cancel the order or 3) failed to pay for what has already been ordered then yes, you can file for what is legally known as a "Mechanic’s Lien" on your car. If he wants to, he can call a tow truck and have your vechicle towed to his shop at anytime. Then he can turn around and lay legal claim to your vehicle, I’m not kidding. What you should do is contact him to see if he can return the parts and pay anywhere from 20% to 45% restocking fee, buy the parts from him, talk to him and see if you can work something out or have the car repaired. He cannot charge you for the labor involved in repairing the car if he has not repaired it but you do need to do something about the parts.

   Comment by the_boy_toy — November 13, 2010 @ 9:02 pm

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