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Person who was buying car, never paid mechanic has filing lien, I have title never authorized repair, do I have to pay

Dallas, TX |

Person took car but never paid for car, I kept title, and car taken out of state to Oklahoma, mechanic filing lien for repairs and storage, I never authorized repairs, do I have to pay. Can I file auto theft charge against individual

Attorney Answers 1


You have questions that involve both Texas and Oklahoma law. Under Texas law, a car repairman would have a possessory lien against the car, and could hold the car until paid. I have no idea about Oklahoma law.

You write that a "person took car but never paid for car." If that means that they stole it, then you can initiate criminal prosecution. If you sold it, and the person has not paid for it, then you have a civil matter. That means that you can sue in a Texas court assuming that the sale occurred in Texas.

The Oklahoma mechanic may have done you a favor. You know where the car is, and to rescue it, all you have to do is pay for the repairs. If the car needed the repairs then you pay for them, and retrieve the car. Who knows where the person who took the car would have ended up if it had not broken down. If the car did not need repairs, then you have a whole other issue.

Bottom line: Go pay for the repairs and retrieve your car, and be thankful that that is all that it has cost you.

Good luck.

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At the time the car was not running and needed a new battery and a fan belt. The individual that said that he was going to purchase the car stated he was going to get a battery and fan belt and get the car to run and then come and get me me and we would discuss the possible sale. He took the ignition key so that when he had the items needed he could start the car and take it for a drive. He returned in 2 days with a battery and belt and according to what I was told the car started and ran well, he and another individual took the car from where it had been parked and were supposedly on their way to pick me up and he stating that we would go and get money, I retained the title documents never issuing a Bill of Sale or Sales agreement. He had the keys and left in car, I was not present, and had not agreed to his taking the car, since that time I have made several attempts to contact this individual, with no success and have been unable to locate car, mutual friends have had conversations with him and have been unable to learn the whereabouts of car, or where individual lives. I have received summons for unpaid parking tickets on the car, which have been paid by me. The latest information I have received is that the car is at a garage in Jenks, OK, but do not have verification of this information and individual has disappeared and no one knows of his location or location of car. Since he took car without permission and has done everything within his power to avoid contact with me and according to information I have taken the car out of Texas with no attempt to agree to sale of car and to make payment, he has stolen the vehicle.

Brian W. Erikson

Brian W. Erikson


Sounds like he tried to steal it to me. Contact the police, but do retrieve your car (assuming that it is worth the time, trouble, and expense). Good luck.

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