How do I prevent the body shop from holding my car hostage after unauthorized repairs? - Florida
The Short Answer
In Florida, a motor vehicle repair shop generally cannot keep your car just because you refuse to pay for unauthorized repairs or for charges that unlawfully exceed the authorized estimate. Florida law specifically makes it unlawful for a shop to refuse to return a customer’s vehicle in those situations, but disputes often turn on what was actually authorized and whether the shop complied with the estimate/notice rules.
What Florida Law Says
Florida’s Motor Vehicle Repair Act requires repair shops (in many situations) to provide a written estimate and to obtain your authorization before exceeding it beyond a narrow statutory cushion. If the shop performs work you did not authorize—or runs up charges beyond what the law allows without getting approval—Florida law restricts the shop’s ability to demand payment for those amounts and, importantly, restricts the shop from keeping your vehicle over that dispute.
The Statute
The primary law governing this issue is Fla. Stat. § 559.909.
This statute establishes that a repair shop generally may not charge more than the written estimate (with only limited overage allowed) unless it obtains authorization to exceed the estimate—and it is unlawful for the shop to fail to return your vehicle because you refused to pay for unauthorized repairs or unlawful excess charges.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict compliance issues: A shop’s ability to claim or enforce a lien can depend on whether it substantially complied with the Motor Vehicle Repair Act requirements (including estimate and documentation rules). See Fla. Stat. § 559.919.
- Burden of proof: These cases often come down to evidence—texts, calls, repair orders, estimates, and whether you (or someone you designated) gave oral or written authorization under the statute.
- Possessory lien disputes: Even when you dispute the bill, shops may assert a possessory lien and threaten sale procedures under Florida lien law, which can escalate quickly if not handled correctly. See Fla. Stat. § 713.585.
One reason representation matters: Florida law provides a mechanism to obtain release of a vehicle from a repair-shop lien by posting a bond with the clerk of court, and there are fee-shifting and even criminal consequences for wrongful retention after bond procedures are followed. See Fla. Stat. § 559.917. An attorney can evaluate whether the shop’s claimed charges are “unauthorized,” whether the shop complied with the statute, and what leverage you have to get the vehicle released without creating bigger legal or financial problems.
If your situation also involves a title issue, lienholder, or an owner who has passed away, these disputes can overlap with probate-related vehicle and lien problems. You may also find helpful background here: What happens to a car loan or lien during probate in Florida?
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.