Can a Mechanic Keep Your Car if You Don’t Pay?
If you take your vehicle to an auto repair shop after an accident in Huntsville, Alabama, and cannot pay for the work, you may wonder whether the mechanic can keep your car until you settle the bill. This situation is not only stressful but also confusing if you do not understand how mechanic’s liens work in Alabama.
Knowing your rights and the shop’s legal options can help you decide your next steps.
What Is a Mechanic’s Lien on a Car?
A mechanic’s lien, sometimes called a “garageman’s lien,” is a legal claim a repair shop can place on a vehicle when the owner does not pay for services rendered. In Alabama, this allows the mechanic to hold the car until payment is made for parts, labor, and any agreed-upon services. The lien is meant to secure the shop’s right to be paid for the work completed.
This lien applies whether the work was major (such as an engine rebuild) or minor, like replacing brake pads, as long as the service was authorized.
Can a Mechanic Keep Your Car in Alabama?
Under Alabama law, a mechanic generally has the right to keep possession of your car until you pay the bill in full. This is known as a possessory lien. If you refuse or fail to pay, the mechanic may retain the vehicle and, after meeting certain legal requirements, may be able to sell it to recover the debt.
If you believe the work was not performed properly or you were overcharged, you still cannot simply take the vehicle without paying. Leaving with the car without settling your bill could result in legal trouble, including civil claims.
How Long Can a Mechanic Keep My Car?
A mechanic can hold your car for as long as the bill remains unpaid, within reason. If payment is not made, the shop may begin the legal process of selling the car to recover costs. This usually requires you to provide written notice and follow state lien sale procedures.
The exact timeline depends on how quickly the mechanic moves forward with these steps.
Can You Go to Jail for Not Paying a Mechanic?
Not paying a mechanic is generally a civil matter, not a criminal one. However, taking your car without paying when the mechanic has a legal right to hold it could result in criminal charges, such as theft of services or property.
The consequences depend on the circumstances and local enforcement.
Options if You Can’t Afford To Pay for Repairs
If you cannot pay your bill in full, you may have options to avoid losing your car:
- Negotiate a payment plan with the shop. Some mechanics offer in-house financing or payment arrangements to spread costs over time.
- Look for auto repair shops that finance repairs through third-party lenders.
- Ask about “buy now, pay later” options that can cover immediate costs and allow repayment in installments.
- Seek community assistance through local charities or nonprofit programs that help with essential vehicle repairs.
Discussing these options with your mechanic early may prevent the situation from escalating.
How To Dispute Charges
If you believe the charges are unfair or the work was done improperly, try to resolve the matter directly with the shop. If that fails, you can:
- File a complaint with the Alabama Attorney General’s Consumer Affairs Division.
- Take the matter to small claims court if the amount in dispute falls within the court’s limit.
- Gather evidence, such as invoices, written estimates, and communications, to support your case.
Avoid removing your vehicle without permission, as this could cause more legal problems.
Can a Mechanic Keep Your Car in Huntsville, AL?
In Huntsville and throughout Alabama, a mechanic can legally keep your car until you pay for authorized repairs. If payment is not made, the shop may take steps to sell the vehicle through a lien process. Understanding how mechanic’s liens work and exploring financing or payment options can help you protect your rights and your transportation.
To learn more, contact Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free consultation with a Huntsville personal injury attorney.
Contact an experienced personal injury lawyer at Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free initial consultation today. We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas.
We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
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Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
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