Did repairs on a vehicle a couple months ago. Owner did not pay. Was keeping vehicle until payment. Vehicle was repossessed by title holder(Tote the Note dealer) from my property during the night without permission.

Answered 2 months ago

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Nate Budde

Chief Legal Officer Levelset

While here at the Construction Legal Center we focus on construction law and construction payment related questions, I'll try to provide a bit of helpful information below.

In Texas, the lien granted to a repair shop or individual repairer of motor vehicles is a "possessory lien" under Texas Property Code Sec. 70.001(a). This means that in order to have the advantages of the lien, the vehicle must be in the possession of the repairer. There are, however, provisions that allow for the repossession of the vehicle by the repairer in certain circumstances (generally when the care was released pursuant to purported payment that was stopped or otherwise didn't come through).

More can be read here: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm

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