Looking for some legal advice
07-10-2003, 03:37 PM
#1
Racer
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Looking for some legal advice
Ok, as some of you may know, A few months ago my S was attacked by an angry tree ( <a href="http://forums.rennlist.com/forums/ultimatebb.php?ubb=get_topic;f=15;t=017613#000000" target="_blank">The Thread</a> ) I had taken the car to a local body shop and the owner said he would take care of it( I signed paperwork but the job was being done under the table).
After a month I started calling him and I kept getting the run-around, you know it'll be finished at the end of the week,slow empployees etc. etc. Well finally I got feed up and went down there after three months of BS and come to my surprise the entire shop is empty,out of business, not a single car, nut, bolt, or anything, the shop was bare.
I called around for an hour or so from the numbers I had seen scribbled on the wall where the desk had been and found out the owner had taken all hte cars to his house nearly an hour away to fix them there. I talked to him and he guaranteed that my car was there but unfinished, then he started with the delay excuses again.
What are my options? Any suggestions? And BTW 944 LT1 I want to look at your 86 N/A when you get a chance cause I'm hate driving this Nissan Frontier everyday.
Thanks,
Drew
After a month I started calling him and I kept getting the run-around, you know it'll be finished at the end of the week,slow empployees etc. etc. Well finally I got feed up and went down there after three months of BS and come to my surprise the entire shop is empty,out of business, not a single car, nut, bolt, or anything, the shop was bare.
I called around for an hour or so from the numbers I had seen scribbled on the wall where the desk had been and found out the owner had taken all hte cars to his house nearly an hour away to fix them there. I talked to him and he guaranteed that my car was there but unfinished, then he started with the delay excuses again.
What are my options? Any suggestions? And BTW 944 LT1 I want to look at your 86 N/A when you get a chance cause I'm hate driving this Nissan Frontier everyday.
Thanks,
Drew
07-10-2003, 04:19 PM
#3
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just go get the car..if no work has been started he's got nothing on you. And since it was being done under the table he wont be able to take any legal action. Hey its your car, tell him nothing show up take keys and leave.
07-10-2003, 04:40 PM
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And I would go talk to the Police and tell them your story and see if they will have a squad car tag along. The sight of a patrol officer sitting there should be nice persuasion.
07-10-2003, 04:42 PM
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Racer
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ok,The problem with just driving it back is that I think I cracked the radiator(all the coolant was lost at the wreck) and I have a flat so I'll have to get it towed.
I could do all the work at my house since I bought replacement body patrs for all the damaged ones but he has those also, so I'll need an extra truck to get those.
I'm moving into a new house this week and into next so scheduling is going to be kind of tight. I'll have to wait until the end of next week before I can do anything at all with that car.
I could do all the work at my house since I bought replacement body patrs for all the damaged ones but he has those also, so I'll need an extra truck to get those.
I'm moving into a new house this week and into next so scheduling is going to be kind of tight. I'll have to wait until the end of next week before I can do anything at all with that car.
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07-10-2003, 04:45 PM
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Show up at the guys house with a squad car and a tow truck.... get the car, and then take legal action if need be... Good luck man... sounds pretty shady to me....
07-10-2003, 05:13 PM
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I agree present yuor case to the local sheriff where he lives. Show him your proof of ownership and any paparework you received from the shop. Either the Sheriff's office or the local magistrate can execute a warrant to secure your property. I'm not a lawyer. Micheele has far more knowledge in this area.
07-10-2003, 05:25 PM
#11
Nordschleife Master
The only potential problem is if the guy actually did some work on it and asserts a mechanic's lien. Then you are going to need the courts to get that released. But if he hasn't done anything, you got it. If he has only done a little he will probably just say forget it and let you tow it away when he sees the cop.
What did you mean by it is an "under the table" deal? Did he use those words to imply that he is not going to report the income on his tax return?
As you discuss how you want to take your car away right now, you may want to mention that and tell him you have heard there is an IRS Tip Line and people that report tax cheats get a % reward if the IRS nails the cheat. <img border="0" alt="[byebye]" title="" src="graemlins/wave.gif" />
What did you mean by it is an "under the table" deal? Did he use those words to imply that he is not going to report the income on his tax return?
As you discuss how you want to take your car away right now, you may want to mention that and tell him you have heard there is an IRS Tip Line and people that report tax cheats get a % reward if the IRS nails the cheat. <img border="0" alt="[byebye]" title="" src="graemlins/wave.gif" />
07-10-2003, 05:28 PM
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</font><blockquote><font size="1" face="Verdana,Tahoma,Helvetica">quote:</font><hr /><font size="2" face="Verdana,Tahoma,Helvetica">Originally posted by IceShark:
<strong>The only potential problem is if the guy actually did some work on it and asserts a mechanic's lien. Then you are going to need the courts to get that released. But if he hasn't done anything, you got it. If he has only done a little he will probably just say forget it and let you tow it away when he sees the cop.</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">Exactly. Get a cop & a tow truck and show up unannounced.
<strong>The only potential problem is if the guy actually did some work on it and asserts a mechanic's lien. Then you are going to need the courts to get that released. But if he hasn't done anything, you got it. If he has only done a little he will probably just say forget it and let you tow it away when he sees the cop.</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">Exactly. Get a cop & a tow truck and show up unannounced.
07-10-2003, 05:37 PM
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</font><blockquote><font size="1" face="Verdana,Tahoma,Helvetica">quote:</font><hr /><font size="2" face="Verdana,Tahoma,Helvetica">Originally posted by 944pete:
<strong>You could always report it stolen and tip off the police to a new chop shop in the area. </strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">You made that joke before I could. 
Serious question:
You paid for body parts, then took them to his shop to put them on? Do you have proof that you bought the parts? Does your agreement say that you'd provide the parts?
If yes to both, then you're in the clear. If no to either it gets fuzzier. If no to both, it'll be hard to get the parts back.
But since the car is registered in your name, you should have no problem getting it back, if it's still there. If it's gone, then you have a valid theft claim on your insurance, and he faces a GTA charge.
Of course that's all assuming that he won't cooperate. If he's an honest guy whose business just went under, then you'll probably get it all back with no hassle.
<strong>You could always report it stolen and tip off the police to a new chop shop in the area.
</strong></font><hr /></blockquote><font size="2" face="Verdana,Tahoma,Helvetica">You made that joke before I could. Serious question:
You paid for body parts, then took them to his shop to put them on? Do you have proof that you bought the parts? Does your agreement say that you'd provide the parts?
If yes to both, then you're in the clear. If no to either it gets fuzzier. If no to both, it'll be hard to get the parts back.
But since the car is registered in your name, you should have no problem getting it back, if it's still there. If it's gone, then you have a valid theft claim on your insurance, and he faces a GTA charge.
Of course that's all assuming that he won't cooperate. If he's an honest guy whose business just went under, then you'll probably get it all back with no hassle.