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What can I do can I file any kind of lien

TexasMechanics Lien

I am an independent contractor/laborer ( very good researcher as well as shade tree mechanic) and I was asked to remove a motor, and only remove was the first job the replacement motor being installed was said to be a different job, from a Tahoe and was threw verbal contract only that the owner of said Tahoe in which we agreed upon the following; 1. Owner cover the cost of my hotel room and food until job was complete plus an itemized per diem that was to consist of a small list of needed items and covering of two medical prescriptions, as well as $175 cash for labor. Under the understanding that. The owner stated after I was finished he would cover all tool cost and materials and pay for two extra days of the room upon completion. owner did not only no follow threw with the itemized per diem list but only covered two of the two of the four days and I had to come up with the other two being owner was no where to be found. And now that it is completed he refused to give the rest of what was agreed upon even cusses me and has avoided me every sence what do I do

1 reply

Dec 24, 2021

A repair shop has a right to a lien on cars that it repairs, as long as the shop possesses the vehicle. Provided that the shop complies with the provisions of Texas Property Code Chapter 70, the shop could secure the right to sell the vehicle. The shop would also have rights under Texas Business & Commerce Code sections 9.609, et seq. The process to perfect the right to sell the vehicle requires the the shop provide notice by certified mail to the persons with an interest in the vehicle (typically, the titled owner and lender of record).  

You can review to Chapter 70 at the following link:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm

If you do not have possession of the vehicle, then you have no lien against it.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the owner to set out the facts and to demand the relief that you want. Attach your unpaid invoice(s) and photographs of your completed work. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming your claim is less than $20,000) using your letter as evidence.

Good luck.

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