Short Answer

In North Carolina, a repair or towing shop can claim a possessory lien and keep a vehicle until reasonable, authorized charges are paid. If the shop did work without your approval or is overcharging, you can: demand an itemized bill and stop work, dispute the lien in court, and get your car released by posting a bond with the Clerk of Superior Court while the dispute is resolved. Act quickly if you receive any sale notice.

Understanding the Problem

You’re asking whether, in North Carolina, you can make a body shop release your car after it began repairs without your authorization. The core issue is whether the shop has a valid lien that lets it keep the car and, if so, how you can get the car back while you dispute the charges. Here, one key fact matters: the shop began work without your authorization.

Apply the Law

North Carolina law gives repairers, towers, and storage providers a possessory lien on a vehicle for reasonable charges tied to authorized services and storage. This lien exists only while the shop keeps possession. Separate consumer-protection rules regulate estimates and authorization for motor vehicle repairs. If there’s a dispute, you may ask the Clerk of Superior Court to accept a bond that secures the disputed amount and orders the shop to release the vehicle, with the underlying charges to be decided later in court. A shop must follow strict notice and timing rules before any lien sale.

Key Requirements

• Authorization and reasonableness: The lien covers charges for work you authorized and for reasonable towing/storage; unauthorized work may not be covered.
• Continuous possession: The shop’s lien exists only while it has the car; releasing it voluntarily can forfeit lien rights.
• Notice before sale: Before selling a vehicle to satisfy a lien, the shop must give written notice to the titled owner and any lienholders and wait the required period.
• Bond to release vehicle: You may apply with the Clerk of Superior Court to post a bond (often equal to the disputed amount), which compels release of the car while the dispute proceeds.
• Forum and timing: Disputes over the bill or lien are filed in civil court (often small claims if within the monetary limit). Deadlines for lien-sale notices can be short; act promptly.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 44A (Liens) – Includes repair/towing/storage possessory liens and procedures to enforce or bond off a lien.
• North Carolina Gen. Stat. Chapter 20 (Motor Vehicles) – Motor Vehicle Repair Act provisions require repair authorization and regulate estimates and disclosures.

Analysis

Apply the Rule to the Facts: Because the shop began work without your authorization, its lien may be limited to reasonable towing and storage rather than unapproved repairs. You can demand an itemized bill, revoke any further work authorization in writing, and dispute charges in court. To get the car back now, ask the Clerk of Superior Court to let you post a bond; the shop must release the car once the bond is approved, and a judge later decides what, if anything, you owe.

Process & Timing

1. Who files: Vehicle owner. Where: Clerk of Superior Court in the county where the vehicle is held (for bond and release); civil/small claims court (to contest charges). What: A petition or application to post a bond for release, plus a civil complaint if you dispute the bill. When: File immediately if you received any sale notice; bond and sale procedures have short timelines.
2. After you apply, the Clerk sets the bond amount and acceptable form (cash or approved surety). Once you file the bond and the Clerk issues the release order, the shop should release the car within a short time; county practices vary.
3. Proceed with a small claims or district court case to determine the valid amount owed. The court applies repair-authorization rules and lien law; the bond is used or returned based on the judgment.

Exceptions & Pitfalls

• If you authorized repairs orally, by text, or by signing an estimate, the shop’s lien likely covers those charges.
• Even when repairs were unauthorized, the shop can usually claim reasonable towing and storage.
• Do not remove the car without permission; self-help can create liability.
• If there’s a bank or finance company on the title, it must receive lien-sale notice; its rights can affect timing and outcomes.
• Keep everything in writing: request an itemized invoice, revoke further work authorization, and photograph the vehicle’s condition.
• Your separate claim against a state university for the tree damage will not force the shop to wait; the lien exists independently of insurance or state-claim timelines.

Talk to a Other Legal Matters Attorney

If you’re facing a shop holding your car over disputed or unauthorized repairs, our firm can help you secure release and challenge the charges. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.