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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My garage is owed money for vehicle repairs. The vehicle is

Resolved Question:

My garage is owed money for vehicle repairs. The vehicle is in our possession. Can we sell the vehicle under a mechanic's lien recover what we are owed, without having to go to court.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much is owed? Is there a contract that says you can sell it please?
Customer:

Alex, thanks for response. The amount owed is $7,500. The vehicle is worth a little more than that. There job card does not mention any right to sell - we will get this changed (but that's a different issue). There is no statutory right just common law.

Alex Watts :

You have a legal lien on the vehicle for the parts used.

Alex Watts :

Together you have a common law right

Alex Watts :

You need to write to the owner and give 28 days to cough up or say you are going to sell.

Alex Watts :

Make sure this is hand delivered or signed for so you have a record.

Alex Watts :

If they do not get back to you or payment by installments then you can sell the vehicle

Alex Watts :

But you needed to have given adequate notice

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Many thanks Alex, that's fine

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