Is it legal for a repair shop to request the lender repossess car that they have had three months because owner did not pick up in North Carolina?

North Carolina does not have a law that specifically governs this situation, but the common law provides some guidance. Under common law, a repair shop may have a possessory lien on the vehicle, such that they may store the vehicle and have the right to sell it to recover the debt owed for repairs, if the owner does not pay the repair bill after a reasonable amount of time.

For the repair shop to proceed with the repossession, the repair shop may have to send the owner a notice outlining the outstanding debt and the timeline to satisfy it, in writing, and that if it is not paid, they will move to have it repossessed.

The exact amount of notice that must be provided will depend on whether it is considered “possessory” (with the car), or “non-possessory” (without the car), which involves the lien extending beyond the time that the repair shop has the vehicle in its possession. These rules are complicated, and will vary depending on several factors, so if you intend to utilize the lien law, it is suggested that you consult an attorney.