REPAIR, STORAGE AND LIENS ACT – WHAT IS IT AND HOW DOES IT HELP ME?
Posted By Balatidis Legal Services On 06-09-2020
The Repair Storage and Liens Act (RSLA). The act 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 RSLA may be of assistance. Are you a Mechanic struggling 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 released 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.
EXAMPLE 1:A mechanic fixes an individual’s vehicle at their Bodyshop. Once the work is finished, the mechanic provides an invoice for the work completed. 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 Repair Storage and Lien Act. The RSLA 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 in accordance with the rules and procedures as set out in the act.
EXAMPLE 2:An owner picks up their vehicle once the repair has been completed and upon receiving the invoice, the owner believes that the mechanic has overcharged him 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. Following the procedures as set out in the RSLA, the owner can ensure they get their vehicle back by paying a specified amount of money into the Court. The payment forces the mechanic to release the vehicle to the owner, despite the invoice remaining outstanding. The parties then have the opportunity to further to challenge this invoice through the Small Claims Court. Although these examples may seem straight forward, it's important to know about the rules and procedures should be followed to secure your rights and remedies. This is why its recommended to have a knowledgeable legal representative represent you on RSLA matters to ensure the most 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.
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