QUESTION
Can my brother in law put a lien on my vehicle?
Asked on May 28th, 2013 on Family Law - North Carolina
More details to this question:
My vehicle got towed after being parked for a while on the street. My transmission blew out last year and I had no way to get the money to repair it because I couldn't find work at the time. My brother in law sprung it out of the impound yard and the total of all fees amassed came to roughly one thousand. I had no idea that he was planning to spring it out nor why since he made it clear he was not inclined to help me. He gave me a couple of papers to sign which I thought were for permission for him to take the car out of impound rather than myself. I did not see a bill of sale anywhere, and I do not want to sell my car. In light of the fact that I just got a position where I can pay him back from my salaries. But he wants me to pay him back in 24 hours. Knowing that this is an impossibility with me. I've told him I want to keep my car and he's threatened to put a lien on it. Can he legally do this without my legally having sold it or legally having promised to sell it? He had me sign the vehicle transfer and re-assignment form, but my title is not present, since it got lost somewhere in the moving shuffle. Yet, he is threatening to put a lien on my vehicle. Can he legally do this? Am I not allowed to change my mind, since I was not aware that he trully had intentions to sell it?
2 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You probably gave him a security interest in the vehicle. He sprang for the money, so a lien is reasonable. And why would you be able to change your mind. He spend the money and you owe it to him. If he had not done it, the car would already have been sold by the impound lot.
Answered on May 29th, 2013 at 8:31 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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It sounds like there is some relevant paperwork in question that you may have signed without thoroughly reviewing especially with an attorney and/or were specifically defrauded into what the papers actually were. Hopefully it is expected that the former scenario is hard to remedy as that is really the responsibility of the person being asked to sign to take due diligence and examine the documents. But if you are saying he may have intentionally deceived you, misrepresented, or defrauded you, then you can try to argue that in court such that there was no contract, agreement, meeting of the minds, transaction. If he wants to claim that you owe him money, he would have to take you to small claims court and it would be up to the judge. As for the lien, a lien is for someone who has done work on a car but was unpaid (e.g. a mechanic), someone who has done work on a house but was unpaid, or has a security interest in the property in question ( as collateral for a bona fide loan that has been unpaid and is in default).
Answered on May 29th, 2013 at 8:22 PM