What can I do to get possession of my vehicle back from "mechanic" who has already been paid and not entitled to it?

Asked over 1 year ago - Los Angeles, CA

Mechanic has had my vehicle for 4 months now, has been delaying completing it for whatever reason. I have already paid him but he is now saying I owe him money and the car is completed. He has not finished all agreed upon repairs so it's not completed and I do not owe him money. He is now holding my car and threatening to place a lien on it. (I have proof that he breached agreement).

He has already been reported and will not budge. I know all I have left is to file a civil action. My immediate concern is getting possession of my vehicle back and then suing for damages, etc. What forms or paper work or civil actions do I file to do this?

Thank you.

Attorney answers (1)

  1. Adrienne Patricia Allen

    Contributor Level 15

    Answered . The quickest way to get your car back may be to file your case in small claims court to get it before a judge for a court order, if the car and your damages are under $10,000 in California. You will have to first send a demand for return of the vehicle in writing to the shop owner and send it by certified mail, return-receipt requested so you can prove he received it. Be sure to keep an eye on the potential lien sale date so you do not lose the car in a sale. Good luck.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more

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