by Guest » Wed Sep 15, 2010 11:10 pm
I work for an auto finance company in CT. We are the lienholder on a vehicle that was damged. Insurance company sent two party check to customer with customer and body shop name on it. Customer cashed this check and is refusing to pay body shop for repairs. Insurance company said they used outside firm to confirm that just the customer signed check and bank did cash it. Insurance company said they are out of it now that bank cashed the check in error. I would like them to properly cover our lien interest in this and go after whoever they want. They disagree. What are our rights?
Posted: Sat May 18, 2013 02:59 am Post Subject:
Do they have the right to repo my vehicle?
Did you sign an agreement to pay them? If so then of course they can pick up your vehicle.... as long as they file a mechanics lien on it.
You owe them money and it appears you are not going to pay them for the work they did... why else would they be threatening to pick up the vehicle. What would you do if you're employer had you work for weeks and then refused to pay you?
Posted: Sat May 18, 2013 08:43 pm Post Subject:
The body shop probably missed the limited time to file a mechanic's lien, so they most likely don't have the right to seize the vehicle without a court order. But they absolutely have the right to collect what you owe and have not yet paid. If you continue to refuse to pay, expect to be sued, and when you fail to show up in court, they will get a default judgment against you and THEN they can seize your vehicle, or your bank account, or any other property of value to satisfy the judgment.
How much more complicated do you want this simple matter to become? For once, the insurance company has done the right thing and the insured is acting in bad faith.
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