Does an original contract trump an Artisen Lien if executed B4 due date on contract?

[Melmadden]

In Dec 2016 I had mchemical work done to my car, the mechanic was a mutual friend and agreed to take payments for the repair. I noticed ASAP his work was faulty & told him, he said to come bring it back but I was in a situation I needed my car.  It was winter and I have a 10yr old with severe autism, he was at risk of being kicked out of his therapy b/c of attendence. The contract we signed stated I would pay $75/mo and had until Jan 1, 2018 to pay him or he can take my car. I knew within 3 days the work was faulty so i with held payment until I could get it to him to fix. A couple months passed and the car had a repeat breakdown so I contacted him and he text me he was going to fix his work and literally told me not to worry, he would tow it for me no problem. A week later I received a certified letter from him with a bill saying I had 10 days to pat the debt in full or he gets my car, the bill stated additional work he did we never discussed, one of the new charges was for the same thing he fixed the first time. I made multiple attempts to retrieve my car, with a cop. I have documentation of everuthing, he executed the lien 6 months before the due date on our contract, when I go to court will my original contract trump his lien? Also how did he get it notarized to begin with?

 

[quincy]

In Dec 2016 I had mchemical work done to my car, the mechanic was a mutual friend and agreed to take payments for the repair. I noticed ASAP his work was faulty & told him, he said to come bring it back but I was in a situation I needed my car.  It was winter and I have a 10yr old with severe autism, he was at risk of being kicked out of his therapy b/c of attendence. The contract we signed stated I would pay $75/mo and had until Jan 1, 2018 to pay him or he can take my car. I knew within 3 days the work was faulty so i with held payment until I could get it to him to fix. A couple months passed and the car had a repeat breakdown so I contacted him and he text me he was going to fix his work and literally told me not to worry, he would tow it for me no problem. A week later I received a certified letter from him with a bill saying I had 10 days to pat the debt in full or he gets my car, the bill stated additional work he did we never discussed, one of the new charges was for the same thing he fixed the first time. I made multiple attempts to retrieve my car, with a cop. I have documentation of everuthing, he executed the lien 6 months before the due date on our contract, when I go to court will my original contract trump his lien? Also how did he get it notarized to begin with?

It appears as if you breached the terms of the contract by not making monthly payments as agreed. Correct?

 

[Melmadden]

It appears as if you breached the terms of the contract by not making monthly payments as agreed. Correct?

I contacted him immediatelimmediately to let him know it was not fixed correctly, he agreed verbally to hold off on payments until it was corrected. He never contacted me one time in regards to payments in the between time either. He would text me over and over about taking me on a date even though i was clear I'm going thru a divorce. He even tried to corner me and kiss me which I'm sure won't factor into anything but he was creepy

 

[quincy]

I contacted him immediatelimmediately to let him know it was not fixed correctly, he agreed verbally to hold off on payments until it was corrected. He never contacted me one time in regards to payments in the between time either. He would text me over and over about taking me on a date even though i was clear I'm going thru a divorce. He even tried to corner me and kiss me which I'm sure won't factor into anything but he was creepy

The guy might have been creepy but you were legally bound by the WRITTEN terms of your agreement.

I suggest you read over the agreement. If there is a clause in it that allows for you to inspect the work prior to payment, you could have a legitimate reason for withholding payment. Otherwise, the creepy mechanic can place a lien on the property.

 

[justalayman]

The contract we signed stated I would pay $75/mo and had until Jan 1, 2018 to pay him or he

Do you have the payments in reserve where you could pay them now if needed?

I won’t promise it’s a winning argument but the best I’ve got is although there was a monthly payment set, the fact there was a “must be paid in full by” date, the terms are ambiguous and allows for a payment other than the specified amount and as long as the total is paid by that date you should either not be held in breach or at least be given an opportunity to pay up to date.

 

[quincy]

Do you have the payments in reserve where you could pay them now if needed?

I won’t promise it’s a winning argument but the best I’ve got is although there was a monthly payment set, the fact there was a “must be paid in full by” date, the terms are ambiguous and allows for a payment other than the specified amount and as long as the total is paid by that date you should either not be held in breach or at least be given an opportunity to pay up to date.

The contract needs to be read in its entirety - but it is possible/likely that the monthly payments starting in 2016 would have had the amount due paid in full by January 2018.

Withholding payments was a mistake, without a written modification to the original contract.

 

[Ohiogal]

Trump has the final word on everything -- or so he thinks. Contact him. Maybe he will answer if you are not a billionaire.

 

[PayrollHRGuy]

Trump has the final word on everything -- or so he thinks. Contact him. Maybe he will answer if you are not a billionaire.

Cheer up it's Friday afternoon.

 

[Melmadden]

Trump has the final word on everything -- or so he thinks. Contact him. Maybe he will answer if you are not a billionaire.

I thought this was a professional site for legal advice, do you know trump has a separate definition or just a bored internet troll???

 

[quincy]

I thought this was a professional site for legal advice, do you know trump has a separate definition or just a bored internet troll???

You appear to have had your questions addressed. Right?

Ohiogal is an attorney. Hardly a troll.

 

[Ohiogal]

I thought this was a professional site for legal advice, do you know trump has a separate definition or just a bored internet troll???

I am not a troll. Trying to instill a little levity into the situation as you had your questions answered. Good grief.

 

[quincy]

I am not a troll. Trying to instill a little levity into the situation as you had your questions answered. Good grief.

I think mentions of Trump tend to depress rather than cheer.

 

[Ohiogal]

I think mentions of Trump tend to depress rather than cheer.

Dude, I had to put my dog down yesterday at 4pm due to severe health issues. This trump comment gave me a bit of cheer away from the tears. But yeah, I can agree -- Trump is depressing.

 

[quincy]

Dude, I had to put my dog down yesterday at 4pm due to severe health issues. This trump comment gave me a bit of cheer away from the tears. But yeah, I can agree -- Trump is depressing.

I'm sorry about your dog.

 

[HighwayMan]

Dude, I had to put my dog down yesterday at 4pm due to severe health issues...

I've been there - a number of times - and know the pain involved. My condolences to you.