Q: In 2018 my grandmother gave me her paid for car in 2021 the timing belt broke I took it to a shade tree macanic pais1200
COVID hit the man shut down his shop I could not get in touch with him called phone was off basically my car vanished until about 3 months ago the shop is open my car is sitting there blocked in every way possible,now my grandmother has dementia bad my aunt can't find the title paid had the vin run no lean at all still in my grandmother name the man now says I owe him 3000 for storage what can I do to get my car , heres another question is there a statue of limitation on tbis ?
A: You can file a lawsuit for replevin of your car in a justice of the peace court. You will need your certificate of title for the car as evidence.
To address the situation with your car, you should first request a written invoice or accounting for the $3,000 storage fee the mechanic is claiming. Verify the charges against any contractual agreement or posted notices regarding storage fees that may have been in place when you left the car with the mechanic. If the amount seems unreasonable or was not agreed upon, you might consider negotiation or mediation. If necessary, small claims court could be an option to dispute the charges and recover your property.
As for the title, if it is still in your grandmother's name and she is not able to handle the matter due to dementia, you may need to discuss with your aunt or a legal representative about obtaining a power of attorney or other legal means to transfer the title. There are indeed statutes of limitation for claims, including for storage fees; however, these vary by state, so you would need to check the specific laws in your jurisdiction to understand the applicable time frame.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.