How is get Paid or Title on a truck
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How is get Paid or Title on a truck
I have a customer that came to my shop for repairs. After the repairs was completed the customer refuse to come pick up his truck and pay the invoice. The customer said that he is going to let the truck go back to the lienholder. Well, my problem is that I want a mechanic’s lien on the truck. The courthouse told me that I can file judgement against the customer. I don’t want a judgement. Judgements don’t pay the bills. I want the money or the title of the truck. How do I go about getting what is rightfully mine?
Asked on August 6, 2018 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If there is already a lien on the truck (e.g. it was financed), you will NOT get it: the earlier lien has priority, so the existing lienholder gets the truck, not you.
If you can get a judgment, do so. Then you can try to collect on it: e.g. garnish wages, if you know or can find out where he works; levy on a bank account, if you can find it; put a lien on real estate; "execute" on other non-real estate property he owns (e.g. if he has another car/vehicle, it can potentially be seized); etc. Having the judgment gives you options and the possibility of collecting. That said, if he truly has no money and nothing of value, you will not be paid.
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