They might accompany you to the shop to hear all sides but will probably end up telling you it’s a civil matter.
Assuming everything the OP said is correct and complete, we’re talking about grand theft auto here, which is a criminal matter.
This varies slightly from state to state but in general someone performing services for you that you did not order or authorize, or someone giving you something that you did not order or request (such as the brake lines) is considered to be giving you an unsolicited gift. Otherwise, I could go mow my neighbor’s lawn and demand $1,000, and she would have to pay it. The recipient of an unsolicited gift is under no obligation to either return or pay for the gift. That’s what happened here - he did work on her car that she did not ask for, and so it was an unsolicited gift.
And then he stole her car by refusing to give it back to her even though she does not owe him anything and he has no valid claim on the car.
My next step, were this my car, would be to call the police and report a stolen vehicle.
The problem is - what if the mechanic claims he was given specific verbal approval? What’s the cop going to do? And the mechanic did have approval to take (tow) the car, so it’s not stolen.
Elisabeth, Please do not take your extra key and retrieve your own car. Like Mike said, you will quickly turn a civil case into a criminal case real quick. Don’t think he won’t turn the tables and call the police. He can prove what he did to your car. He will have repair paperwork all ready, and probably tack on a sweet tow bill along with it. He can prove his side, can you??
Mike is absolutely right. First the OP needs to find out what his and the shop owner’s rights are in his state, and then if he has the right to take the vehicle he should do so only with the police present…and if he does have the right and shows them ownership (the registration) they will assist him in this.
The moment he walks unannounced and alone onto the shop’s property and tries to drive the vehicle away he sets up a situation that, legal or not, will be a conflict scenerio that could get dangerous. If the shop’s owner calls the cops, the onus will be on the car owner to prove he’s within his rights. And of the shop dog bites him…well, let’s just say I agree with Mike. This needs to be handled properly.
Did your daughter sign a repair order? If so did it state to repair the vehicle with a dollar limit or does it state to provide an estimate?
Without a repair order the shop it may be impossible for the shop to place a lien on the vehicle. If the shop has a repair order with instructions to repair the vehicle removing the vehicle from the lot without paying may be a criminal act.
And the mechanic did have approval to take (tow) the car, so it’s not stolen.
He had approval to tow the car, but he did not have approval to keep the car. If you lend something to me, and then I refuse to give it back, it’s still theft, which is legally defined as the unauthorized taking, keeping, or use of another’s property with intent. He’s certainly not accidentally keeping the vehicle - he knows he is, and he knows it’s not his, and so it’s theft.
Nevada_545, my daughter did not sign anything. There was only verbal communication via telepone call for him to tow the vehicle as it was broken down along a major interstate. We were never at any point given a repair order, estimate or even notified that any work was being done until it was too late.
Once a mechanic has a car in his possession he can certainly keep it if there’s a bill owed due to a tow only, repairs involved, or a diagnostic fee. It becomes a civil matter.
Much could depend on what state this is in as some states have laws about estimates, approvals, etc. Here in OK someone can take their car with an extra key and they cannot be prosecuted for auto theft no matter the circumstances behind their taking it.
The big murky area to me is what the daughter may or may not have said to this friend/mechanic at the start about any repairs.
A possible scenario is that the daughter may have approved a repair even indirectly, was stunned at the final cost, and has now resorted to amnesia. This is not a rare trait when it comes to auto repairs.
The OP could be siding with the daughter because of the relationship; as in my daughter would not lie, hedge the truth, or forget any prior conversations.
I’m not saying the above is the case here; just pointing out a common scenario.
That’s not grand theft auto. The OP called him to come tow the vehicle to his shop. They know where the car is. It’s not stolen. There is a dispute over the bill and the mechanic will not release the vehicle until the bill is paid. If he did the work and the car is running, pay him. If he really wants to get nasty, he can start tacking on storage fees. If you feel that you were wronged take him to court and let the judge decide.
OK4450, some states’ statutes prohibit the mechanic from holding the vehicle and require that he/she prove to a court that money is owed. These statues are designed to prevent shops from holding a $20,000 vehicle for $500 worth of repairs. The $500 owed in essence is viewed by the law as seperate and apart from the ownership of the vehicle.
The OP needs to find out the leagl ramifucations in his/her state. If the owner has the right to drive the car away, the police will assist him when he/she retreives it. If not, if the state allows the mechanic to hold the car, and the owner drives it off, legal ramifications can be serious.
Taking Elisabeth for her word…this is still merky at BEST.
If you decide to take the car with your spare key. The mechanic may feel that he had a verbal agreement to proceed with repairs…then the mechanic CAN TRY TO STOP you…PHYSICALLY. Are you prepared for that?? As I said…this could get very ugly quick. Someone could get seriously hurt (OR WORSE)…and it could be YOU.
we’re not going to take the car and we are not trying to get away with not paying for something that we need to pay for, I just don’t want my daughter taken advantage of. She was willing to make payments, even though she didn’t ask for anything other than to be towed, but he said that wasn’t an option. I’ve been reading up on Ohio’s Laws concerning auto repair on the AG website, and it appears that he does not have the right to make repairs without an estimate, written or oral (we recieved neither) AND without authorization to do the work.
I agree with transman. This is not a theft issue no way, no how.
It seems that you guys are saying that if I own a shop, and I get a request for a tow, I can tow the car, and then perform any work I feel like on the car, and the owner has to pay for it, even if the owner did not ask me to repair it for them.
The system is not set up to allow mechanics to be crooks with no legal consequences. He (again assuming everything the OP said is accurate) did a bunch of work to the car without authorization and now wants to be paid for it. He is not owed that money, because his work was unsolicited. Because he is owed no money, he has no legal reason to keep the car. That he is keeping the car anyway is, indeed, theft. Ohio defines theft as:
(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
He was authorized to tow the vehicle. He exerted control over the vehicle beyond the tow, and continues to exert control by refusing to give it back. Under the applicable state law, he stole the car.
Yeah yea yea…if it were me…lol, no. I do see your point tho guys. I just feel bad for the OP and being a young lady at that, this guy took advantage. This sucks…
They really need to ALL have a chat… Like in person Father, Daughter, Tow Dood and Johnny Law preferably. Even without Johnny they should be able to come to a reasonable agreement…All this talk of what happened and what he did and whats doin really doesnt do Shite and we can second guess this into the next year… Talk it out first, then take steps if needed.
It seems that you guys are saying that if I own a shop, and I get a request for a tow, I can tow the car, and then perform any work I feel like on the car, and the owner has to pay for it, even if the owner did not ask me to repair it for them.
I don’t know of anyone who said that…I surely didn’t say that…If you think I did please show me.
What I and others are saying is there are LEGAL and less DANGEROUS ways to settle this. If the mechanic is lying and did exactly as Elizabeth said…it’s still a different thing all together in PROVING it. And taking the car back surely isn’t the way.
I actually MIGHT try to get my car back…but not until I’ve exhausted all other options. As I said those kind of situations can get ugly fast. Just watch some of those (almost reality shows on re-possessors). They are legal in their rights to go in and repossess someones car for NON-PAYMENT. That doesn’t mean it’s easy. They are verbally and physically attacked…sometimes shot at. If you’re prepared for that…GREAT. If this guy is a criminal as everyone thinks he is then what makes you think he won’t commit another crime in PHYSICALLY STOPPING you…even using a weapon (club, knife…even a shot-gun).
I’m with the White Horse named Shadowfax…hes right man. USUALLY this crap is the other way around…a person gets work done…doesnt pay…and all the fallout that happens. This one is rather unique but as Shadow said…YOu cant just FOIST work upon someone and expect to get paid for it. It has to be discussed and solicited FIRST…since none of that happened and how could it when it was simply towed then magically a 650 bill later…
ALSO…I think Johnny Law will tend to side with the OP…seeing the Father and Daughter in the PD saying…We just asked for a Tow… Whats this? Please help us? The Po-po would tend to believe them…methinks. I bet the lawman would go down to the service station to get both sides and that my be enough to soften the Tow dood up a bit. It may be that easy. I doubt this get to a courtroom…but it could with my Xtra key idea…LOL…scratch that from the record…lol
Like I said… I’d inform the local authorities, then go down for a chit chat…either with or without Johnny.
I knew I was lighting a Firestorm with my Xtra key comment and I apologize…but I love to see these guys argue sometimes…cause theyre good…and knowledgeable… I may just learn me something too.