question about vehicle liens...

[8675309]

"hypothetically," say a friend of yours owns a repair shop/tow service with
a wrecking yard. your friend tows a customers' vehicle in for repairs...
the car/truck needs a new motor but isnt worth it to put one in. in
lieu of payment,(for tow fee and diagnostics) the customer signs
the title over to the shop owner which has a lien on it more
than the vehicle is worth.

the title company wont release the lien.

the title company will not retrieve the vehicle
or pay for work already put into it.

what im asking is:could i purchase the car for parts?

how could the shop owner recoup his money?

any input is appreciated.

 

[letusbuyyourcar]

There IS such an action known as a "Mechanic's Lien" that most shops I know won't use because they're too busy/lazy to go file the papers. If the original lien holder won't pick it up then I would try to get some proof of that. And since the driver of the vehicle is already out of the picture then it's just a pissing contest between the shop owner and the lien holder. BUT... the shop owner is entitled to slap storage fees on top of the work performed and tow bill. So if he did that then it wouldn't take very long before the lien holder really wouldn't want to deal with it anymore. Some places like title pawns will refuse to cooperate just for ****s and giggles even though they have usually made thousands off the vehicle. And since they got the state to change the law a few years ago to make it where you can't crush one without a title even if it's 15 years old, they know that there's nothing you can do with the car. And they have zero motivation to pick it up since scrap metal prices are half what they were a year ago. Plus it costs money for them to pick it up. So they just write it off and leave the shop stuck with it.

You COULD buy it as a parts car if you really need the parts. And if you use enough of the parts and then smash up the rest with a back hoe or even burn it THEN it ceases being a car to the scrap yards and they can buy the rest or it as just scrap metal or tin.

You could fill out a T22 form from the tag office and try for a bonded title. But it costs about $150.00 for the title bond and the state will check for liens on the VIN when you submit it to them. So it could easily get shot down by the lien holder. If it were me I would try to get the lien holder's name and tell them what you're trying to do and see if they object to that type of disposal of the vehicle.

 

[rockyfatcat]

Check your Ga state laws. Mechanics cannot hold a vehicle they have worked on or charge storage until they are paid.

I looked this up after a friend had issues with a shadetree mechanic. I am going to assume towing falls into a similar catagory.

This isn't a great site for legal advice. The consequences for a wrong choice could land you in jail.

 

[8675309]

i would want the vehicle for a few choice parts
and then sell the rest to recoup my money.

the way i view it,the guy that took out the
lein should be responsible and the lien
holders should go after him for repayment.

just wouldnt want people coming after
me later on down the road.

 

[Willy Leadwell]

If the owner (in this case would be the lien holder) doesn't want to pay the repair bill and the storage fees(30 days max storage in GA), then you have every right to get a court order and sell or title the vehicle.

It will cost $250 to get the whole process done for you. I use DoubleTime Titles in Loganville. I have titled and/or sold many vehicles over the years.

 

[brad sweet]

"hypothetically," say a friend of yours owns a repair shop/tow service with
a wrecking yard. your friend tows a customers' vehicle in for repairs...
the car/truck needs a new motor but isnt worth it to put one in. in
lieu of payment,(for tow fee and diagnostics) the customer signs
the title over to the shop owner which has a lien on it more
than the vehicle is worth.

the title company wont release the lien.

the title company will not retrieve the vehicle
or pay for work already put into it.

what im asking is:could i purchase the car for parts?

how could the shop owner recoup his money?

any input is appreciated.

the only way the title co is going to release it is upon payment in full or negotiated and or upon salvage..if the lien holder agrees for the write off then it can be salvaged as i understand it..if the title is owned by a salvage company or shop parts sold are to you as you need,but it cant be third party

 

[letusbuyyourcar]

Check your Ga state laws. Mechanics cannot hold a vehicle they have worked on or charge storage until they are paid.

I looked this up after a friend had issues with a shadetree mechanic. I am going to assume towing falls into a similar catagory.

This isn't a great site for legal advice. The consequences for a wrong choice could land you in jail.

You may be correct as far as the mechanic's lien goes. But legitimate towing services can and do wind up with cars just based on towing and storage fees incurred. I know that Tara Wrecker up in Jonesboro has an auction at least once a month. And I know an old really old man over in Bonaire named Emmett Head who has made a fortune from towing cars and the storage/disposal of them. More than once I've seen him tow a vehicle from a shop or residence that the person couldn't do anything with legally. By the time the owner or lien holder finds out where their vehicle is they usually just release it to him.
Hell I wrecked a 69 Impala on ghetto ass Edgewood Ave. in downtown ATL in 89 and it went to Zone 4 Towing out be the zoo somewhere. Couldn't afford to get that one back. And since then I've heard several times that hardly anyone gets anything back from them.

I'm no legal expert by no means. But if the car has been sitting for a good while I would take the parts I want from it and dump the rest off in the parking lot of the lien holder.

 

[8675309]

thanks for the info. i know the truck isnt worth
the shop owners time to title and or put a lien
on it. he is willing to make me a great deal but
im only interested in the vehicle for a few parts
for my new truck that im fixing up and a whole
extra vehicle in parts would be good,but i dont
want any trouble and im kind of leaning toward
its not worth the extra headache.