mechanic from hell

H

hwy36

New Member
Jurisdiction
Oregon
This may be a civil case. I have a bus that I brought to a mechanic for basic maintenance. It was fine when I left it and now suddenly it needs TWO radiators! The mechanic is too lazy to find them so I have had to find them for him. It took two months and now he wants to charge me storage. I have since learned of his reputation of fixing EVERYTHING and handing people exorbitant bills (and taking forever). What can I do? Do I have to pay to get my bus back, then sue? Is that my only option? I don't want a 5 or $I0k bill. I haven't given him permission to do anything but the radiators. Thx
 
hwy36 said:
now he wants to charge me storage.
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Seems perfectly reasonable. Buses take up a lot of space, and two months is a long time.

hwy36 said:
What can I do?
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I'm confident that you can do dozens of things, including: (1) if the bus is drivable, drive it elsewhere; or (2) if the bus is not drivable, having it towed elsewhere.

hwy36 said:
Do I have to pay to get my bus back, then sue?
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You haven't provided factual information needed to answer this question. Is the mechanic refusing to release the bus to you unless you pay? If so, then the answer may be yes, unless you can, without disturbing the peace, take possession of the bus over the mechanic's objection.
 
zddoodah said:
Seems perfectly reasonable. Buses take up a lot of space, and two months is a long time.

It's not reasonable. I have been waiting for him to fix my bus. It's not my fault it's taking him this long.



I'm confident that you can do dozens of things, including: (1) if the bus is drivable, drive it elsewhere; or (2) if the bus is not drivable, having it towed elsewhere.

It was drivable when I drove it there. Suddenly, now it's not.



You haven't provided factual information needed to answer this question. Is the mechanic refusing to release the bus to you unless you pay? If so, then the answer may be yes, unless you can, without disturbing the peace, take possession of the bus over the mechanic's objection.
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He wont tell me what my current bill is or how much it will cost to install the radiators. I suppose if I show up on his doorstep I can pay him and have it towed. If he hands me an exorbitant bill, do I need to pay and then sue to get my money back?
 
hwy36 said:
If he hands me an exorbitant bill, do I need to pay and then sue to get my money back?
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I addressed this question in my prior response. Ultimately, we don't know if he will refuse to release the bus unless you pay. If that's the case, and if you cannot otherwise take possession without disturbing the peace, then you'll have to make a choice between paying and suing or suing first.
 
Wow, yeah he can charge you want he wants or what he claims you owe for shop hours and his time in on it.

He can also put a mechanics lien on it and sell that right out from under you. So, if you want it back you will need to pay what he owes, and then pursue Attorney General and private attorney options in trying to prove it was excessive and not proper. Which could take more time and money. This happens a lot with shops that restore old antique vehicles and never work on them but file liens to get them back. Really depends on the shop and its reputation which is important to select the right one when determining who to take work too.
Good Luck with it.
 
Redemptionman said:
He can also put a mechanics lien on it and sell that right out from under you.
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Just a note about legal terminology. In general, the term "mechanic's lien" (sometimes also called a construction lien, as in Oregon) in the law refers to a lien that those providing labor or materials for the improvement of real estate may obtain to secure payment for what they provided for that improvement.

The lien that a person who repairs tangible personal property like a car or bus may obtain goes by different names depending on the state. In Oregon, it is called a "possessory lien for labor or material expended on chattel". ORS § 87.152. Chattel is a legal term that refers to personal property; i.e. not real estate.
 
Redemptionman said:
He can also put a mechanics lien on it and sell that right out from under you.
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Not exactly. The lien still has to be perfected and then foreclosed upon before title can be changed and the bus sold.

The mechanic also needs a surety bond in the amount of $20,000 to place the lien.

(b)
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A person, other than a person that is described in paragraph (a)(A), (B) or (C) of this subsection, shall have in effect before making, altering, repairing, transporting, storing, performing services for, supplying materials for or performing labor in connection with a motor vehicle a valid surety bond in an amount not less than $20,000.
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You should read the OR statute. ORS 87.152 - Possessory lien for labor or material expended on chattel
 
Since leaving this post I have tried repeatedly to reach the mechanic. He won't answer texts or phone calls. It is a five hour drive. Is there anything I can do before I drive five hours to see what's going on?
 
hwy36 said:
Since leaving this post I have tried repeatedly to reach the mechanic. He won't answer texts or phone calls. It is a five hour drive. Is there anything I can do before I drive five hours to see what's going on?
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I'd make the drive.
 
hwy36 said:
Since leaving this post I have tried repeatedly to reach the mechanic. He won't answer texts or phone calls. It is a five hour drive. Is there anything I can do before I drive five hours to see what's going on?
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Probably not unless you have a friend or someone who lives close. You will probably want to bring a bunch of cash with you if you want the vehicle back as I'm sure he will want to be paid.
 
hwy36 said:
Is there anything I can do before I drive five hours to see what's going on?
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As mentioned previously, I'm confident that you can do dozens of things. One of those things would be to hire someone local to visit the mechanic. Such are the hazards of doing this sort of transaction with someone so far away.
 
hwy36 said:
Is there anything I can do before I drive five hours to see what's going on?
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You can call the police in the jurisdiction where the shop is located and explain what is going on and see if there is anything they can do to check what the status is.

Up until the shop breaks the law it is a civil matter. But if any laws were violated in gaining title or selling the bus it becomes a criminal matter.
 
PayrollHRGuy said:
There won't be. This is a civil issue.
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Generally, I agree with you. But it is possible that the cops would make a quick stop in to see if they can talk to the mechanic about it (as a courtesy). I know it wouldn't happen where I live, but it might there.
 
welkin said:
Would you agree or disagree that if the bus is no longer in possession of the shop that it can be reported stolen?
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It COULD be reported stolen no matter what, I suppose, but such a report may or may not be appropriate, depending on WHY it's not in possession of the shop.

ETA: For example - if the mechanic sent it out to a paint shop, alignment shop, etc., then a stolen vehicle report is definitely not appropriate.

ETA 2: Also, if he's storing it offsite, then it's also not appropriate. In fact, the only time it would be appropriate is if the vehicle had been stolen from the mechanic. There is no indication of that.
 
welkin said:
Would you agree or disagree that if the bus is no longer in possession of the shop that it can be reported stolen?
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You can report whatever you want to the police. But they aren't going to act on it 99 times out of 100 if the mechanic did away with the bus.
 
I don't understand you response. You bring your vehicle to a mechanic and you don't get it back. And after three months of trying to find out where your vehicle is you think that your vehicle is not stolen? It's ok for the shop to dispose of it?

Had you bothered to read the statute you would see that there are requirement for civil action. If they are not followed and vehicle is gone it becomes a criminal matter.
 

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