Long Beach, CA asked in Consumer Law, Criminal Law, Civil Litigation and Collections for California

Q: What is the statute of limitations in CA to sue an auto mechanic for fraudulent mechanics lien & unlawful lien sale?

An auto mechanic was holding my vehicle for free until I was able to come up with 50% of the estimated cost to repair which was required before they would start the repairs. I offered several times to have the vehicle towed to my home until I had the money required but they assured me it was fine. I kept them updated on my progress via emails and voicemails and never heard from them. I finally had the money and notified them via email and calls again and they never responded. That same week my vehicle's lease was up and I contacted Hyundai motors to discuss the buyout and when they looked it up they told me the mechanic had put a lien on my vehicle for repairs they never even started over a month prior. neither I the registered owner nor Hyundai the legal owner were notified of this lien. They literally violated most if not all applicable statutes. When I went to the shop to confront them I saw them doing the repairs right there in the back (despite being told it was sold a month ago.

1 Lawyer Answer
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Sorry for your issues. Your fact pattern is not clear. You seem to be mixing up "lien" and "sale."

Starting a lien is one thing. Executing on it, or SELLING the vehicle is something else. Either way

notice is certainly required on each and if it is farily recent, and your facts are correct, you absolutely

have a good case. I'd START if I were you with the BAR who is in charge of auto shops and get them

involved. I'd also find an attorney to help. Good luck with it...

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