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rvdsid · Nov 1, 2013, 07:38 AM

I had about $1500 into a transmission job and the repo guy came to take the vehicle and he then called the police and the police said I had to let him take the vehicle.

1. Can they take the car legally?

2. So, the lien holder should now be responsible to pay the $1500

Thanks!

odinn7 · Nov 1, 2013, 07:42 AM

If you're behind in payments, you knew they were coming for the car. Repo is legal.

ScottGem · Nov 1, 2013, 09:35 AM

If I'm following this you were working on the tranny and had put in about $1500 in parts and labor, when the lien holder repo-ed the car.

If that's the case, the buyer owes you the $1500. Good luck collecting.

odinn7 · Nov 1, 2013, 09:40 AM

Originally Posted by ScottGem

If I'm following this you were working on the tranny and had put in about $1500 in parts and labor, when the lien holder repo-ed the car.

If that's the case, the buyer owes you the $1500. Good luck collecting.

Duh! I never thought of it from that angle....I looked at it that it was his car and he had the work being done to it when they took it.

You're probably right.

ScottGem · Nov 1, 2013, 09:43 AM

Originally Posted by odinn7

Duh! I never thought of it from that angle....I looked at it that it was his car and he had the work being done to it when they took it.

You're probably right.

Yeah, it comes with decades of reading between the lines of the scant info that OPs post. They know what they are talking about so they assume we will too.

joypulv · Nov 1, 2013, 09:51 AM

1. Yes. Repos don't require either one.
2. As stated above

rvdsid · Nov 2, 2013, 05:00 AM

How can I protect my business in the future from this type theft?
If the work is done to a car that Improves the Value of the lien holder's asset, then how is that lien holder NOT Responsible for the bill?

No need for Any answers from anyone that answered above this!

joypulv · Nov 2, 2013, 05:06 AM

I and I am sure all the above people are sympathetic. But sympathy and a dollar still only get you a cup of coffee.
The lien holder didn't contract with you to do the work.
There is no way to protect yourself. Sometimes people bring cars in for work as an attempt to hide the car.
I'm the daughter of a former car dealer, and one of the responders above is a current car dealer.

excon · Nov 2, 2013, 05:13 AM

Hello r:

he then called the police and the police said I had to let him take the vehicle.

The cops LIED to you. YOU had a SUPERIOR interest in the car over that of the lender, and did NOT have to let the car go WITHOUT payment. The repo guy probably has FRIENDS on the force.

I HATE cops. I'd sue the repo guy AND the cops.

excon

rvdsid · Nov 2, 2013, 05:30 AM

Thanks, finally someone that answered with something that wasn't common sense!

I Know the captain of the police, but I don't go to him unless I know what I am talking about.

So, what tools can I use next time this happens? Or how can I STOP these criminals from
Stealing from my business, like in this case where I had $700 of MY MONEY tied up in this car.
Besides the obvious, Contract Changes stating that any work done to a vehicle becomes the responsibility of the OWNER AND OR LIEN HOLDER in the event of non Payment.

excon · Nov 2, 2013, 05:44 AM

Hello again, r:

So, what tools can I use next time this happens? Or how can I STOP these criminals from Stealing from my business,

Simple. Keep the cars SECURED. I suspect that's what you DO anyway, so KEEP doing it.

Your mistake was LISTENING to the police.. If you DIDN'T, they would have done NOTHING. They absolutely CANNOT ENFORCE CIVIL law. Your captain friend ain't gonna help you now. I doubt you'd WIN a suit against the cops, anyway, but that wouldn't stop me from suing them.. In fact, I'll bet they'll pretend they NEVER told you, what IN FACT, they TOLD you.

Bottom line. Don't release your work unless you're PAID for it, EVEN to the lien-holder. And, DO NOT get your legal advice from the COPS! As I said earlier, your mechanics lien is SUPERIOR to that of the original lien-holder..

excon

rvdsid · Nov 2, 2013, 06:23 AM

No, actually I pulled cars out front when through and that's where they came and picked it up from.
But, in the future I plan to pull them around back in a fenced in area until payment is made.

So, what statement can I make to a "peace officer" to stop them from trying or doing what they did last time?

excon · Nov 2, 2013, 06:45 AM

Hello again, r:

So, what statement can I make to a "peace officer"

Cop on the phone: "Give him the car"!

You: "Thank you, Officer", and hang up the phone. Don't argue with him.

They didn't actually COME to the shop to force you to give it up, did they? If so, your case against them IMPROVED significantly.

excon

rvdsid · Nov 2, 2013, 06:56 AM

Yes, the repo guy came and tried to take it... and I told him there was NO WAY and he called the local police and they came and said I had to release it to him!

excon · Nov 2, 2013, 07:05 AM

Hello again, r:

he called the local police and they came and said I had to release it to him!

Like I said above, your lawsuit against the cops just got SIGNIFICANTLY stronger..

The phone is just talk.. But, when they actually RESPOND and tell you IN PERSON that you have to give it back, there's NOTHING you can say to them. They were there with GUNS on their hips to enforce a CIVIL law that have NO AUTHORITY to enforce, and it cost you money.

I'd visit with an attorney.

excon

ScottGem · Nov 2, 2013, 09:06 AM

Originally Posted by rvdsid

Thanks, finally someone that answered with something that wasn't common sense!

I Know the captain of the police, but I don't go to him unless I know what I am talking about.

So, what tools can I use next time this happens? Or how can I STOP these criminals from
Stealing from my business, like in this case where I had $700 of MY MONEY tied up in this car.
Besides the obvious, Contract Changes stating that any work done to a vehicle becomes the responsibility of the OWNER AND OR LIEN HOLDER in the event of non Payment.

Sorry, I have to disagree with excon here. The lien holder has the superior interest.

The only way to protect yourself from something like this happening is with a business insurance policy that will insure against losses like this. You still have a valid lawsuit against the car owner that you should win, but may have trouble collecting. You can always ask that they prove the loan is up to date before you do work.

But this is part of the cost of doing business.

excon · Nov 2, 2013, 09:24 AM

Hello again,

Sorry, I have to disagree with excon here. The lien holder has the superior interest.

And, I believe you're the superior lien holder.

The point IS, whose lien is superior, is ARGUABLE in CIVIL court. Instead, the cops took AWAY your right to seek your remedies, and they did so unlawfully. I'd sue the cops.

excon