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Is this possible for a mechanic to place a lien without possession in Wisconsin and we have possession in Georgia?

WisconsinMechanics Lien

We live in Georgia and transported my car to be repaired by a private mechanic in Wisconsin. He works out of his house and repairs cars as a side business. Dropped off my car and flew back to Atlanta and left my truck and trailer at his house. He does not have a business or company. He quoted me $6,500 to repair the car. When I arrived back to Wisconsin a few weeks later, he stated I owed him $19,000. I told him, I would not pay anything until he details out his work hours and provides receipts for parts purchased. He released my car to me and I loaded up and drove back to Georgia. Thus I have possession of my car. After numerous emails, I paid him $9,000 and will not pay a penny more. He sent me a certified letter stating, he will file a mechanics lien on my car. Is this possible for a mechanic to place a lien without possession of the car in Wisconsin?

1 reply

Jul 13, 2021
This is a very interesting fact pattern, and I am sorry you are going through this. In Wisconsin, a lienor (the mechanic) can put a lien on a car without having possession, but it is not immediately apparent to me how the mechanic would enforce this lien in Georgia and if it would cloud your title in Georgia. My initial impression is that you could do nothing and see if he is successful in putting a lien on your vehicle. I realize this is not a very gratifying answer, but I don't know that a more specific response is possible. This fact pattern reminds me of a recent blog I wrote. https://www.michaeljohnsonlegal.com/unjust-enrichment-and-contract-disputes/ In short, the example case in my blog was one where the estimate was much lower than the final bill. The court used unjust enrichment to rule in favor of the mechanic, even though they did not have a contract and the estimate was far lower than the final price. It may apply to your case. Let me know how I can be helpful.
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