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REPAIR, STORAGE AND LIENS ACT
Are you a Mechanic who sometimes struggles to receive payment from a customer on a completed repair job or storage invoice? Do you believe you are being over charged for storage of your vehicle? Is your vehicle not being release from a storage yard because you are refusing to pay an overpriced invoice? If you answered yes to any of these questions, then the Repair Storage and Liens Act possible offers a remedy for you.
The Repair Storage and Liens Act (RSLA) outlines both the rights and remedies for repairers and storage facilities (e.g. Mechanics, Bodyshop’s, Tow Services) and the rights and remedies for individuals who have had their goods either repaired or stored. Below are two very brief examples of cases in which the Repair Storage and Liens Act may be of assistance.
A mechanic fixes an individual’s vehicle at their Bodyshop and invoices for the work performed. There are circumstances which the individual refuses to pay the mechanic for the work done.
In this scenario, the mechanic may exercise their rights under the RSLA. The Repair Storage and Liens Act gives the mechanic the authority to retain possession of the vehicle until payment is received. Should the customer not pay within a specified amount of time, the mechanic has the right to sell the vehicle to satisfy the amount of the lien.
The RSLA provides rights and remedies to the claimant and owner of the goods that are being repaired and/or stored. Let’s take the above example and illustrate it from different perspective.
An owner picks up their vehicle from the mechanic. Upon receipt of the invoice, the owner believes that the mechanic has overcharged them and chooses not to pay. The mechanic refuses to release vehicle to the owner. Under the RSLA, the owner has remedies available when situations similar to these arise.
By following the procedures as set out in the RSLA, the owner can ensure they get their vehicle back by paying claimed amount into Court. The payment into Court forces the mechanic to release the vehicle to the owner, despite the invoice remaining outstanding. The parties then have to challenge this invoice through the Small Claims Court.
It's advisable to have a legal representative assist you on a RSLA matter to ensure you receive a desirable outcome. We believe affordable justice should be accessible to everyone. Trust the professional advice of Balatidis Legal Services; Repair Storage and Liens Act paralegals servicing Mississauga, Brampton, Toronto, Oakville, Burlington and Hamilton.