Lady purchases vehicle and lien proper. Motor blows and Lady takes to mecahnic. Mechanic repairs and give car back to Lady without payment for services. Lady can't pay and takes the car back to Mechanic voluntarily. Finance Company appears at mechanic's shop and says we are here to repo car for lack of payment. Mechanic negotiates and says he will release car for $1800.00. Finance Company writes check and stops payment on check same day.
Did mechanic give up his mechanic lien upon release to Lady without payment? I beleive that he may not be an "owner" for consent purposes. Thought???

After reading through the Mechanic's Lien provisions, I think this is a civil issue. I understand your desire to punish the finance company for stopping payment on the check, but in the end, it was just an oral agreement to pay for the services the mechanic provided. The only problem is that the mechanic provided services to the owner, not the finance company. Yes, they pulled a fast one on the mechanic, but ultimately they have superior title to the vehicle. I do think the mechanic has a cause of action against the finance company....I just can't find a law they have broken. Good luck.

Steve You don't know me but I have a cousin, Warren who was the forman in one of your recent jury trials.He said you did a great job. We would also refer this to the civil attorneys. Our office is inundated with contract disputes that would keep us from trying the other cases that feed the local lawyers.