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Are there other options besides a mechanics lien for my situation?

Arizona

I am an unlicensed auto mehanic, a sole proprietor. Back in July of 2021 I spoke with a guy who had his car towed to my place on 8/9. I texted him screenshot of estimate. Several days later he agreed by text after I texted said I needed a response. A couple weeks later he said by text wanted to sell car. I agreed to buy it thru text.After several times not showing up as agreed H e finally just showed up in person to get things from vehicle. He had no title so I did not give him any money.Then on 2/11 I finally texted and told him to come get his car and he owed me $30 for estimate, $60 for 1 hour labor and $160 for the locksmith I had to pay. Also he needed to pick it up within 48 hours. and I was going to start charging storage fees. I discreetly texted him and he answered on 2/11 but has not answered my texts since I told him to come pay and get car. Can I get a mechanics lien or are there any other options I can take to get the money owed. I really dont know what options I have. Thank you for your time.

1 reply

Feb 22, 2022
The lien you are referring to is not a mechanic's lien (I know, you would think that would be the name), but rather a garage lien. It is not clear from what you stated above whether he has agreed to pay the fees you are charging. That matters in terms of the amount of the lien. If he agreed to pay the amount of money you claim to be owed, then that is the amount of your lien. But the mere fact he did not agree to pay that amount does not affect your RIGHT to a lien. It just matters potentially for the AMOUNT of the lien. You have had the vehicle for more than 20 days. That means you can send notice to the owner in writing that the charges need to be paid in 10 days. If the charges are not paid within 10 days, you have the right to sell the vehicle at a public auction. The proceeds from that sale go to you. The balance of the proceeds go back to the owner. Look at A.R.S. § 33-1023 for details on how the sale process works.
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