My car was towed to Jackson Brother Auto Repair shop without my approval back in July and I never heard anything from them nor signed any paperwork. However I received a call recently from one of the shops owners stating my car is registered in Mildred name and they are going to sale my car because they have sent me bills and certified mail and I never responded. I explained to Mr Jackson my name Twana and I never received any mail from them. He stated I owe him $1,540 and he would be taking me to court to recover his loss and selling my car. Is it legal for a repair shop to charge storage fees for a car that is not repaired and I never gave consent or received paperwork? How can I avoid paying the storage fees and get my car back today because shop owner will not release my car?
Car / Auto Accident Lawyer
The answer is yes. The repair shop can charge storage fees and if the storage fees aren't paid and depending upon whether or not they have properly done the paperwork, they can have your vehicle declared abandoned and sell it to recoup their storage fees.
The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.
Divorce / Separation Lawyer
Since he haven't told us (1) why your car was towed, (2) what you did to look for the car, and (3) why you haven't looked for your car until now, there is no way to answer you.
ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
Personal Injury Lawyer
If the car is registered in Mildred's name of course Twana did not receive mail addressed to Mildred. Also, if the car is registered and titled in Mildred's name then the car belongs to Mildred and Mildred, not Twana, will get sued. And yes, the shop has a lien on the car for storage fees (unless they just came and stole/towed it away) and they can auction your car off to pay the storage bill.
Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.
Personal Injury Lawyer
The car can not be deemed abandoned until the shop can prove that notice has been given to the owner.