It sounds like this mechanic has taken advantage of you. Cbeck out that random company who sent you the the mechanic's lien. Call them - you don't have to use your name - just see who they are .. but be careful of Caller ID identifying you. You may discover interesting information about this company.
If you employ a person to work - and a dispute arises where you refuse to pay, the worker has a right to file a lien thus making the property responsible for payment.
You need undesputeable proof that your car is not fixed. Are you sure he still has your car on his premises ?
Send him a registered letter. Ask him if your car is fixed ? Ask him if your car is running ? Ask him the date your car was fixed. Ask him the amount due - and when could you pick up your car. Try to negotiate kindly in the letter. Once "ill will" is created between you and the mechanic - he will become less willing to deal with you - or return your phone calls. It's predictable behavior of an unscrupulous person.
Also - witness would always be wise for any personal contact which you have to make with him. Keep records of dates, times, etc.
Put a date in you letter for him to please reply to you by.
This registered letter can be your proof of you attempting to settle this account.
Determine if it is a valid lien. Google mechanic lien using your State.
There are rules that need to be adhered to for a Mechanic's Lien. Mechanics' Liens must be recorded with the County recorder. Liens must be enforced by a lawsuit within 90 days of the date of recording - or they automatically become unenforceable. If this time elapsed and the mechanic did not filed a lawsuit within the 90-day period, then you could demand that he execute a release of lien. (Note: You need to check the laws of your State for law of days, etc which apply to you).
If he refuses to execute a lien release, then you'll have to petition the court.
If the potential lien claimant fails to record the mechanic's lien within the appropriate timeframe, the lien isn't valid.
The potential lien clamant must record the mechanic's lien within 90 days of completion of work, when owner began using the improvement, when owner accepted the improvement.
This could take 45 to 90 days going through the court system. Petitioning the court requires your obtaining legal documents (available at any law library) filling out the forms and submitting them to the court. Or - you can hire an attorney to do it. . (Note: if the unethical mechanic has let the lien lapse because he never intended to put a lien on it in the first , he just had other intentions in the first place).
You can also consult legal aide .. or contact the District Attorney and ask him your rights.
