Q: how does a mechanic shop put a lien on a truck that the driver refuses to pay?
the driver took the truck and owes 16000.00. he has not payed and brought another truck in for repair. we now have that truck and will not release it until he pays the other bill. what to do?
A:
You can retain an automobile with a mechanic's lien without filing anything so long as you don't violate any portions of the Ohio Consumer Sales Protection Act (OSCPA), specifically everything in OAC 109:4-3-13 Motor vehicle repairs or services. Your situation is a little different in that your lien would have been on the other truck, not the one in your possession. If you keep an automobile that you haven't worked on as a lien for a different automobile that you did do work on you are likely opening yourself up to liability.
Your better options are to 1) refuse to work on the new truck until his invoice is satisfied and 2) file suit against him for breach of contract on the first truck.
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