The garage owner's right of retention :

The garage owner's right of retention :

"I own a small car that isn't worth much now. Due to technical problems, I've taken it to a garage for a lot of repairs, and I don't yet know how much it's going to cost me. I've heard that if I don't pay the bill, the garage has a right of retention. Can he come and collect my vehicle from my home to exercise his right?

Stéphane, Vaud

The right of retention is defined as the right of a creditor to retain a movable thing in his possession with the consent of the debtor and, if necessary, to have it realised for his benefit. It is provided for in articles 895 and 896 of the Civil Code.

It is important to know that only a movable item that can be realised can be subject to a right of retention, and that it must be in the creditor's possession with the debtor's consent. This system will not work, for example, in the event of theft by the creditor. This means that the creditor must have the right to claim performance and take legal action in the event of non-performance, such as a craftsman who has carried out repairs on an item and has not been paid. Lastly, the item in question must be the property of the debtor; if this is not the case, the creditor only has a right of retention if he is acting in good faith or if the third party owner has consented to the item being handed over to the creditor.

In your case, it appears that you are the owner of your car and that you have handed it over to your garage for repairs, so that possession of the vehicle has been transferred to the garage with your consent. Once the repairs have been carried out, the price of the work is in principle immediately due for payment when you take back the vehicle, unless you agree otherwise, in accordance with art. 372 of the Swiss Code of Obligations. What's more, your garage owner's claim is linked to the car, since it is the car on which he has performed his service.

Once the conditions laid down by law have been met, your garage is entitled to retain your vehicle until the invoice has been paid. However, the right of retention ends if the debt is extinguished or if possession is lost. For example, if you have already collected your vehicle but have not yet paid the invoice, the garage owner has lost possession of the car and cannot collect it from you in order to exercise a right of retention. In such a case, he would regain possession of the car without your consent, and the legal conditions for exercising this right would no longer be met.