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Kirkham Motorsports

 
 
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  #20 (permalink)  
Old 11-28-2003, 02:52 PM
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Just because the car has not been reported stolen doesn't mean the previous owner has given up any "rights" to HIS (or her) car. The "mechanic" could place a lien against the car for labor or storage and may well prevail in COURT to gain a legal title.

The question is: What rights do YOU have to file a lien to gain legal title? Does the "Bill of Sale" transfer the "right" to file a lien in court from the mechanic to you? I suspect the mechanic had no "legal" right to dispose of the customers property without going through the proper legal steps in the first place (filing for a "lien"). Had HE done that, HE would have had a title.

Can you imagine a "garage" just up and selling a customers car because they didn't "pay their bill", couldn't contact the owner, etc.? They could SUE for the right to do that, and no doubt would win their case! Thus, they would get a TITLE to the vehicle.

As it stands now the vehicle still belongs to the customer and the "mechanic" has no case because HE abandoned their property. The legally registered owner could demand HIS car back from you.

You definitely NEED an attorney!

Ernie
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