QUESTION
Would a mechanic be able to charge me grand theft auto if I just took my car after not doing anything at all for five months?
Asked on Aug 23rd, 2012 on Personal Injury - New York
More details to this question:
We dropped the car off five months ago for new brakes and agreed to pay $1200. He then continuously would not answer calls or send invoice, so we went to the shop, paid half of the invoice to the receptionist so she could find, and asked her to have mechanic call us. After two more weeks of him not returning calls or calling us, we took the car off the lot. The mechanic is now saying that we owe $4000 and that we took the car without permission. He is going to have us arrested for grand theft auto. Is it legal?
19 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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Your Question does not involve an "Injury" as you are asking about possible criminal charges for taking back your vehicle. I do not practice criminal law. As such, I cannot provide an answer to your question. I would suggest re-asking your question and list "Criminal" or "Criminal Defense" as the Category.
Answered on Jul 17th, 2013 at 1:29 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 22nd, 2013 at 9:58 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No.
Answered on May 22nd, 2013 at 9:53 PM
He has a "mechanics lein" on your car until PAID-IN-FULL. Sometimes though the mechanic is a real a$$h()[3. Tell him you'll sue him for "MALICIOUS PROSECUTION" and "DEFAMATION" if he presses charges. Tell him to take you to court . . . in fact . . . you should SUE him before he can sue you over this nightmare. Report him to the State Licensing Bureau too.
Answered on Aug 29th, 2012 at 11:45 PM
Ronald A. Steinberg
I think that you should go to the police and report the whole thing. I think that you are going to have a dispute about what work you contracted to have performed. $4,000 is a whole bunch more than a $1,200 brake job. You may need to consult with an attorney. There is more to this story than you are telling us.
Answered on Aug 29th, 2012 at 2:07 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No it is not grand theft. You cannot steal your own car. The title is in your name let the mechanic sue you for the work he says he did.
Answered on Aug 28th, 2012 at 10:54 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Its your car, so how could you steal it. You have the title. He could sue you for damages, but its not criminal.
Answered on Aug 27th, 2012 at 9:30 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
As the vehicle belongs to you, it is unlikely that you would be charged with grand theft. However, if you removed the vehicle without paying the bill, he could seek legal remedies for your failure to pay the invoice (this would be more of a contractual claim, which would be a civil matter, not criminal)
Answered on Aug 27th, 2012 at 4:04 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No. He has a claim against you for work done but its your car.
Answered on Aug 27th, 2012 at 2:53 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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In Louisiana, there is what is commonly referred to as a "mechanic's lien." This is a lien that grants the mechanic the right to keep the vehicle until the debt is paid for work performed on the vehicle. You may wish to head him off and actually call the police department to report him. If the work was never done, then you do not owe him for anything. However, if the work was done, then you will owe him for the work done. It is better to be safe than sorry - filing a report with the police might be your best bet. However, you may wish to seek another's advice to see if he can recommend something else. Good luck to you.
Answered on Aug 27th, 2012 at 2:53 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Only the owner can charge for theft. He can claim other charges though.
Answered on Aug 27th, 2012 at 2:53 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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If he does that, you should defend the charge with a lawyer and then when your criminal case is dismissed, you should sue the mechanic.
Answered on Aug 27th, 2012 at 2:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You cant be charged with theft of your own property. What you did was cause the man to lose his labor llen which shops are very concerned with. He can sue you for whatever you owe him but that is about it/ there is obviously a lot to this you have not told me about. Why would he keep your car if the work were done and you had offered to pay in full? He was keeping your car because of his lien I suppose and he did not trust you. there has to be a reason for all this strange behavior. Strange usually means money. If he is overcharging you, sue him or countersue him for the overcharge.
Answered on Aug 27th, 2012 at 2:18 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Taking your own car is not criminal, however could file suit for repair work that you authorized, but not for items never discussed nor authorized by you.
Answered on Aug 27th, 2012 at 2:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, the charge would be something like "theft of services". More than likely, the police would not want to get involved and would just say "it's a civil matter". Which it is. The mechanic can sue you and you can defend yourself in court.
Answered on Aug 27th, 2012 at 2:16 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Only the State of Montana can charge anyone with a crime. He might complain that you owe him money and the cops usually say it is a civil matter. I doubt this blowhard will sue you. Don't bother suing him. He is a deadbeat.
Answered on Aug 27th, 2012 at 2:15 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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It is your car. If no work was done you can take it. All he may have is a garagekeepers lien to hold it for payment. It is not theft.
Answered on Aug 27th, 2012 at 2:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Very doubtful, the prosecutor will probably look at this as a civil, not criminal, matter.
Answered on Aug 27th, 2012 at 2:14 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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He likely has a mechanics lien on the vehicle. You should not have taken it without paying him. I'd call him and make arrangements to get him paid immediately. Good luck.
Answered on Aug 27th, 2012 at 2:12 PM