Yes, a mechanic can keep your car if you don’t pay. This is a form of security interest known as a mechanic’s lien. The mechanic’s lien exists to protect a mechanic from having a customer leave with their vehicle and then refuse to pay for the repairs.
However, you may be able to challenge a mechanic’s lien, especially if the mechanic failed to provide adequate notice of the lien. You may also be able to contest a lien if the repairs were faulty or the work went beyond what was originally agreed upon. Given the high cost of losing a vehicle, you may have the right to be heard in court over a mechanic’s lien dispute.
Having your car repossessed and sold for refusing to pay an auto repair bill can be an extremely stressful and frustrating situation. As a car owner in New York State it’s crucial to understand your rights and the repossession process auto shops can legally pursue.
This comprehensive guide examines the key questions around auto repair shops selling your car for non-payment in New York. We’ll explore the notices you must receive, timelines involved, and options to contest the repossession if you believe the shop is in the wrong.
Can Shops Legally Sell Your Car For Unpaid Repair Bills in New York?
The short answer is yes – New York laws allow auto repair shops to sell vehicles to recoup unpaid service bills in certain situations. This process is done by enforcing a “mechanic’s lien” on the vehicle.
According to New York State’s Department of Motor Vehicles (DMV), if an auto repair shop in New York takes possession of a vehicle due to non-payment, they can begin the lien enforcement process. This eventually allows them to sell the vehicle at public auction after 45 days.
However, the shop must follow proper notice procedures under New York lien law statutes. As a car owner, you have certain consumer rights and timelines spelled out in the law before repossession can occur.
What Notices Must You Receive Before Repossession in New York?
Under New York Statute §184, auto repair shops must provide proper written notice to vehicle owners before enforcing a mechanic’s lien by selling the car.
The written notice must include
- A listing of the specific charges owed, including parts, labor, and storage fees
- A statement that the vehicle will be sold at public auction to satisfy the lien if charges remain unpaid
- The date, time, and location of the public auction
- An itemization of accrued additional storage fees
This notice must be physically delivered or sent by registered mail to the registered vehicle owner’s last known residence or place of business.
Shops must also comply with vehicle seizure procedures in New York Statute §201 by requesting payment first before taking possession.
What Is the Repossession Timeline in New York?
New York lien laws lay out specific repossession timelines auto shops must follow:
- 10 days after notice – If the owner has not paid the repair bill, the earliest date the storage fees can begin accruing.
- 45 days after notice – The earliest date the shop can sell the vehicle at public auction.
- 60 days after sale – Excess funds after deducting repair bills and fees must be returned to the previous owner.
So at a minimum, owners have 45 days from the lien notice date to pay the outstanding charges before their vehicle can be auctioned.
The full process from non-payment to sale typically takes 2-3 months. However, exact timelines depend on factors like when the shop sends notice and how quickly they schedule the auction.
Can You Contest the Repossession in New York?
In some cases, you may be able to legally contest having your vehicle repossessed and sold under a New York mechanic’s lien. According to the DMV, potential grounds for challenging the lien include:
- You did not receive proper written notice of the lien and impending sale.
- The repair charges are excessive or inaccurate.
- The work performed went beyond the original agreed upon repairs.
- The repairs were faulty, shoddy, or incomplete.
If you wish to contest the repossession, it’s advisable to consult a local consumer protection attorney. They can review the shop’s compliance with required notices, timelines, and justification for the lien.
Depending on the circumstances, they may be able to file an injunction to temporarily halt the sale while disputing the lien. Or if the vehicle has been sold already, they may help you pursue compensation in court if the shop violated consumer rights.
Can You Sue for Losses Resulting From Wrongful Repossession?
Yes, if an auto shop sells your vehicle without valid cause, you may have grounds for legal action to recover losses. According to Louisiana-based law firm Morris Bart, LLC, a wrongful repossession lawsuit could seek compensation for:
- Loss of the vehicle’s fair market value
- Loss of use damages, such as rental car costs
- Financial losses from missing work
- Damage to credit and reputation
- Emotional distress
A lawsuit against the shop can demand monetary damages to cover your tangible out-of-pocket losses plus compensation for associated stress and hardship.
Protecting Your Rights With Unpaid Repair Bills in New York
While auto shops can legally repossess and sell your car for unpaid service bills, they must follow proper consumer protection laws in New York. As a vehicle owner, understanding the required notices and timelines is crucial.
If you find yourself facing a wrongful or questionable mechanic’s lien, promptly consult an attorney. They can advise you on contesting the repossession or taking legal action if your rights have been violated. Knowing your consumer rights provides vital protection against unfair auto repair shop practices.
How do You Pursue a Claim Against the Mechanic for Defective Work?
Challenging a mechanic’s lien is only one potential avenue for a person dealing with defective repairs. If you are injured in an accident caused by shoddy repair work to your vehicle, you could have a civil claim against the mechanic or shop owner.
A claim for defective repairs must meet the same requirements that are involved in any motor vehicle accident. The first step involves proving the mechanic owed you a duty of care. By accepting payment to repair your vehicle, this element is usually not at issue.
Next, you must show they violated that duty of care by carelessly or recklessly failing to adequately repair your vehicle. This can involve evidence that they failed to recognize a necessary fix, used the wrong part, or simply performed shoddy work.
The third element requires you to prove causation. Causation is the link between the mechanic’s negligent work and your losses. You must show your vehicle accident only occurred due to negligent repair work. Finally, you must demonstrate that you suffered losses from the accident. This could be anything from medical bills to lost wages or even the cost of additional vehicle repairs.
What Is a Mechanic’s Lien?
A mechanic’s lien is a type of security interest that attaches to physical property.
When it comes to motor vehicle repairs, a mechanic’s lien remains in place until the vehicle owner pays for the repairs. However, the law on these liens varies from state to state.
Know Your Rights at the Car Repair Shop | NBCLA
FAQ
What can a mechanic do if a customer doesn’t pay?
FAQs » Faulty or Neglected Vehicle Maintenance » Can a Mechanic Keep Your Car If You Don’t Pay? Yes, if you don’t pay, the mechanic can keep your car. This is a form of security interest known as a mechanic’s lien.
What is the repair shop Act in NY?
The act’s stated goals are to improve highway safety by encouraging the proper and quick repair of broken or malfunctioning motor vehicles, to protect consumers from dishonest, deceptive, and fraudulent practices in the repair of such motor vehicles, to protect the driving public from bad repairs, and to further these goals.
How do I file a complaint against an auto repair shop in NY?
You can mail your complaint about a car repair shop to the New York Department of Motor Vehicles, Consumer Services Section, P The address is O. Box 2700, Empire State Plaza, Albany, New York 12220-0700, or call them at (518) 474-8943. N. Y. Gen.
What to do when your mechanic is ripping you off?
If your mechanic scams you, keep calm and assess the situation logically. Then, contact the business directly and ask them what they can do to remedy the situation. You can also file a dispute with your credit card company. Just prepare your receipts and other documents supporting your position.
Can a mechanic keep my car if I don’t pay?
If you don’t pay a repair shop for the work they do on your car, the shop may be legally allowed to keep it. The shop owner can obtain a mechanic’s lien if they comply with applicable laws requiring estimates. A lien is a legal property claim that has been improved or otherwise serviced.
What happens if I can’t pay my car repair bill?
You can ask the auto repair shop if they will take payments toward your bill if you can’t pay the full amount at once. Garages can legally put a “mechanic’s lien” on your car if you haven’t paid the bill in 30 days, so be careful.
What happens if a customer doesn’t pay a car Bill?
If the customer settles the bill, they receive their car, and the lien is lifted. If the customer doesn’t pay by a certain date (set by the state), the shop will either take the car back or sell it. They may advertise a notice of public auction to sell the car to the highest bidder.
What happens if you don’t pay a mechanic?
Unfortunately, the shop has the legal right to keep your car until the charges are paid for. If you don’t pay the mechanic, you might have to deal with a mechanic’s lien on your car, no matter what your reason is for not paying. Scammers have figured out how to use this to their advantage and steal people’s cars.
What if my mechanic did my car repair illegally?
If your state’s law and your service agreement allow it, you may be able to: Shops don’t always follow the rules set by UDAP laws in some states. Contact your state attorney general’s office if you believe your mechanic handled your car repairs illegally.
Can a mechanic sell a car if it has a lien?
A lien is a legal property claim that has been improved or otherwise serviced. This means the mechanic may keep your car until you pay for all authorized repairs. In some cases, the mechanic can even sell your vehicle. This applies even if your car is a $100,000 luxury vehicle that received an inexpensive oil change.
