Amateur Mechanic and Machanic Lien

Discussion in '2005+ Ford Mustang v6 4.0L Tech' started by The06StangGuy, May 24, 2023.

  1. The06StangGuy

    The06StangGuy Junior Member

    Hi guys! I've recently bought a 06 4.0 Mustang and I'm coming to y'all with some doubts. I'm an international student in Texas, so I don't know much.
    I tried working with an amateur mechanic which promised the world at a good price.
    Now I got my car back 'cause I needed to travel, and the car came so much worse, I can't describe my grief when I look at it (he clearly drove it around, it came all dirty inside and with multiple SCRATCHES on the paint - and he didn't even complete what he had to do, which was to fix my side fender after someone hit-and-ran).
    I paid half in the beginning and would pay half when the job is completed, but he is asking for the money right now so that his shop is not closed, and then telling me if I don't pay he will put a mechanic's lien on me.
    1. Can he do this? What can I do? I've basically paid much more than he has yet done.
    2. And about the scratches and damaged car, is there something I can do without paying thousands on a lawyer? I'm guessing it's probably my word against his, and I'm screwed.
    Last question:
    On the 2 images are the intake filter I had and the filter he installed, saying it's a much better one.
    Honestly, I don't understand much about cars, sorry about that. But the one he put simply seems older, maybe he just used mine on his car and gave me an older one. He talked about the "new" one being bigger, which is better, but it seems pretty used.
    3. What do you guys think?

    Thanks for your time and attention!

    Best regards,

  2. Dino Dino Bambino

    Dino Dino Bambino I have a red car

    Do yourself a big favour and replace that junky hot air intake with the original air filter assembly. It flows plenty enough air for a 4.0 that makes peak HP at just 5300rpm.
    As for the rest, I'm not sure but someone will chime in and offer some sage advice.
  3. JimC

    JimC Senior Member

    You can sue him in small claims court for the damages he caused, and if he is not a licensed mechanic he probably can't put a mechanics lien on the car. Even if he is, he can't put a lien on for work not done. And if he does lien for work not done, then that is part of your damage claim in small claims court.

    No idea of the small claims limit in Texas (probably can find that easily with a search though).
    The06StangGuy likes this.
  4. gbstang

    gbstang Member

    I know the limit of small claims in South Carolina is $7500.. Submitting a small claims is easy enough, you will have to go to the county clerk (the County the so called Mechanic is in) and submit all your documents for filing a person there should help you, they helped us (different matter) Pay the filing fee and have him served. If he fails to settle with you by a certain date or he doesn't respond with a rebuttal the default judgement will be in your favor. You would then ask the court clerk to submit the case for summary judgement, The Judge will look at your case and decide the damages.

    I cannot stress this enough, have all your "Evidence" documentation, the contract with him etc. If you have photos before and after, picture of the odometer before you gave it to him etc. If there were people with you when you brought it to him and overheard the conversation with him have them write out a sworn statement in the presence of a notary or lawyer depending on your state. Have it all ready when you file.

    Once the there is a judgement in your favor for damages, you can then file with the county which is basically a lien against him and his home or business..

    What I have stated here is not legal advice, its just a summary of the process and is what I went through here in SC. There are plenty of sources for your there in Texas, you can go online etc. You can report him to the Local DA, alot of States have a consumer protection division etc. If this guy is moon lighting as a mechanic and is not licensed I am sure that violates a few laws too, I am also certain he is not reporting his income...just some thoughts,,,Good Luck!
    Last edited: May 31, 2023
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