Can a Body Shop Legally Keep My Car for Unauthorized Repairs in Florida? | Florida Probate | FastCounsel
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Can a Body Shop Legally Keep My Car for Unauthorized Repairs in Florida?

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.

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?

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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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.