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lien on car - what does it mean

Date: Thu, 04/06/2006 - 05:39

Submitted by anonymous
on Thu, 04/06/2006 - 05:39

Posts: 202330 Credits: [Donate]

Total Replies: 21


I was Afthe car was repaired there was a delay of 30 days until I had a check from the insurance company in hand. This was due to a delay from the insurance company and my auto finance company who had to co-endorse the check. When I went to pay for the car I presented the repair show with the insurance payment plus my deductible. I was then told that I was also responsible for another $1100 in "Storage" fees. It was in the small print when I first dropped the car off. I told them that I did not have this extra money and that I would try and get it from the auto-finance company or my insurance company. I had to sign a note allowing them to put a lein on my car before I could drive it away. Since then, the insurance company and auto-finance company have refused to pay anything towards the storage charges. I still don't have any extra cash to pay it either. My question is------What does this Lein allow the repair place to do? Does it mean that I have to pay them off before I sell it? What if I keep the car until there is no real value left? Can they "take" the car? Do they have to get a suoomns and take me to small claims court first?


it was in the shop for 20 extra days after the bill was submitted to the insurance company for payment. The repair shop claims that the insurance company must issue a check within 5 days. (I actually saw this in a NYS state insuranc law website). Because the loan holder also had to be a cosigner to the check a delay was caused waiting for the check to get to me. In the contract that I signed with the repair place it does say that I am responsible for storage fees after 5 days of the bill being submitted to the insuranc ecompany. $50 per day. I felt that since the delay was not caused be me in anyway I should not have to pay it. The only way I could get my car was to sign a form saying I would pay or they could put a lein on the car. What I need to know is what does a "Lein" actually mean. If it means I can't sell before they get paid I can deal with it. I will probably keep the car until it dies. It's 5 years old with 95,000 miles on it already. What I am afraid of is them taking the car in the middle of the night like a repo. The repair shop claims they did me a fvor by letting me have the car. Normally they would hold it in their shop until I paid the storage fee. The total bill for the repair was $6000 and I think another $1100 is outrageous for storage fees caused by insurance company red tape.


lrhall41

Submitted by on Thu, 04/06/2006 - 08:05

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It means if you ever try to trade the car in o sell it, give it away, what ever, you will not be able to get clear title, and that mechanic will have first right to any proceeds. Any this still owed will have to be paid. Usually mechanics liens are not on credit reports, but done in at DMV. I would pay the $1100 and sue who ever caused the delay in picking up your car which resulted in storage fees.


lrhall41

Submitted by LCW on Thu, 04/06/2006 - 08:21

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2 things, mechanix liens are typicall not foreclosed on but they can be. If the delays caused by your insurance company caused the fees in the first place, they may be liable for them. contact your state insurance commissioners office and explain to them what happened


lrhall41

Submitted by jj on Thu, 04/06/2006 - 08:26

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Quote:

As long as they can't take my car they can wait. in a few years when the car is no longer usable what happens if I just cancel the insurance and give them the car.


they deduct the value of the car from the amount of the lien and you have to pay them the difference.


lrhall41

Submitted by LCW on Thu, 04/06/2006 - 09:25

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STJ- JJ,Clayand Virginia are all right. If you have given you insurance company a copy of that and they refuse to pay,you nedd to contact your state insurance commisioner,that's what they are for. One time we flodded,had insurance,and had to rent a place for 6 weeks alon with take out loans until the insurance came through. Anyway, 2 months later,no money.I called everyone and mad a stink,including my stat representative,who,by the way almost immediately got me my money. You should never ignore business matters,I'm speaking from experience here! Call and try to get something going with the insurance,if you bug everyone enough they tend to get tired of you. You don' want to keep that lien if you can help it,I don'd know about your state,but you don't want them to take you to small claims court either. If you do sell your car like JJ said or they take it,you are still responsible for the difference if it isn't enough. Hang in there and make those calls,nothing is worth the worry you will have if this isn't taken care of. Let us know what happens :)


lrhall41

Submitted by Bossy4455 on Thu, 04/06/2006 - 12:50

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i fixed acar that was smashed i still have 45 days later she cant pay can i take car


lrhall41

Submitted by on Fri, 12/22/2006 - 12:23

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I would definitely report this to your state's insurance commissioner! I have had insurance claims on cars in the past...different insurance companies, different body shops, etc...and not once had to get the bank/company holding the note to sign off on the check!!! The check was always made out to me or to the body shop directly! Seems to me the insurance company caused the delay, and is now yanking your chain! Once this is over, I would investigate changing your insurance provider to a more reputable company.


lrhall41

Submitted by SubiGirl on Wed, 10/03/2007 - 09:54

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subi girl, just to let you know. This thread is almost a year old! :D Just be sure to look at the dates on the posts before replying! Just a heads-up!


lrhall41

Submitted by cannr on Sat, 10/20/2007 - 18:59

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I have a carfax report thats says registration issued or renewed. Loan or lien reported. 2006 The person has a clear title in hand should I be worried?


lrhall41

Submitted by on Mon, 08/04/2008 - 06:44

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I placed a lien on a car on a person who owed me money. She has done something with the car. What can I do?


lrhall41

Submitted by on Wed, 10/22/2008 - 10:48

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I placed the lien via a small claims I won. I went through the DMV. I have no idea what she has done with the car. I have not seen it parked in her dooryard for a while now. I also have a lien on her house.

It is very very frustrating, because she decorates for every season, she had a new grandfather clock delivered, and she has not paid me back. I think she had someone renting. I send her a bill every month reminding her. Now I want to repossess.


lrhall41

Submitted by on Thu, 10/23/2008 - 06:37

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Thank you Nascar Devil. I appreciate your taking the time to research and answer.


lrhall41

Submitted by on Thu, 10/23/2008 - 12:20

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