Help! What are my rights?
#31
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This is a terrible situation, what a ****... But I am not sure what your state or local laws are in regards to the verbal contract you have with this guy. It sounds like you are in a no win situation, the judge will most likely rule on the guys behalf because there isn't a written contract and because the work has been done, but as far as the holding your car then charging you the storage fee, I'm not sure he can do that, but I would call around maybe you can get some free legal advise from your local Lawyers association they sometimes have numbers you can call to get some free legal advise. Otherwise, good luck at your hearing, then report him to every agency you can think of. IRS, State agencies (ie licensing, tax, building inspector), county agencies , the local EPA people, better business bureau anyone you can think of that will go there and harass him.
#32
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tom r and travis are right- this guy isn't operating legally, so you're only putting yourself at an unnecessary disadvantage if you treat him like he is, and that's exactly what you're doing if you take him to court instead of just calling the cops. He has no mechanics lien, therefore he is holding your property illegally. don't mention the deal, but don't deny it either. like travis said, just tell the cop you'd rather not discuss it.
#35
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Police said it's a civil case, out of their hands. Besides, what am I going to do, show up on this sleazy redneck's doorstep and demand my car? He'll probably shoot me for being on his property.
#36
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if ur not going to go and get a cop (idk why u wouldnt), ur lawyer might be just as good. take him over their to confuse and scare the dumb bastard with a bunch of bull****. u gotta let him know u mean business and arent going to take any of his ****. the earlier u lay it down to this guy the better
#37
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Originally posted by Travis - sflraver
immaturity seeping through:
after you get your car, buy one of those 1 gallon bottles of round up and spread evenly on his front lawn.
immaturity seeping through:
after you get your car, buy one of those 1 gallon bottles of round up and spread evenly on his front lawn.
After all, the car IS your baby, right?
#38
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call a big guy with a tow truck to move the tractor and ****** your car back, offer him double his normal fee. on your way over call the cops reporting a domestice dispute, hopefully they will arrive just in time, like the cavalry
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#39
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Originally posted by Robwsup
Police said it's a civil case, out of their hands. Besides, what am I going to do, show up on this sleazy redneck's doorstep and demand my car? He'll probably shoot me for being on his property.
Police said it's a civil case, out of their hands. Besides, what am I going to do, show up on this sleazy redneck's doorstep and demand my car? He'll probably shoot me for being on his property.
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#40
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Ya, if you told the police enough for them to say it was a civil case, you told them to much. Good luck getting it back in one piece. You may just be better off now if you pay him what he wants. Take it out on him later in other ways.
#41
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Ya, looks like your forced to pay him. You told the police way too much.
If a tractor is blocking the car, good luck moving that sucker.
Here's a idea:
Write the guy a check for the amount you owe him, than call your bank saying that your checkbook was stolen or you want to cancel the check you made out to the guy. Atleast you'll have your car, right?
If a tractor is blocking the car, good luck moving that sucker.
Here's a idea:
Write the guy a check for the amount you owe him, than call your bank saying that your checkbook was stolen or you want to cancel the check you made out to the guy. Atleast you'll have your car, right?
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#42
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Good God, get some good legal advice and don't listen to the chest pounding here.
Also, don't lie to the police or other authorities. That will just as likely (or maybe more so) get you in trouble.
First of all, the old adage "possession is 9/10 of the law" should be considered here. This guy has the car and the key. It was freshly painted. It's doubtful any cop would just order the guy to let you have the car. He'd more likely tell you you'd have to go to court and have the court order him to give it up
Forget the chest pumping. Get your car back first of all. If you can raise the money, get the car. Get a receipt. Bring an attorney if possible. Could be the best $100-200 you could spend (the attorney could position you through questions and advice during this process for a later law suit). Ask for a receipt for the other money you have him. But get the car in your possession ASAP.
Write everything down that you recollect about discussions including quotes, dates, etc. If you paid cash, I assume you made a withdrawl from your bank account. Get copies of that showing the withdrawls. It's hearsay, but in this sort of case it's going to come down to credibility. You have to get your ducks in a row. Get everything you can The judge will sort out what is important and what is not. If you paid by check, get copies of the cashed checks.
Then go to court (probably small claims).
The bad part is you may never collect. He has the car. You do not. The rest is in dispute.
BTW, it sucks. Please don't think I'm insensitive. Just don't do anything stupid.
Also, don't lie to the police or other authorities. That will just as likely (or maybe more so) get you in trouble.
First of all, the old adage "possession is 9/10 of the law" should be considered here. This guy has the car and the key. It was freshly painted. It's doubtful any cop would just order the guy to let you have the car. He'd more likely tell you you'd have to go to court and have the court order him to give it up
Forget the chest pumping. Get your car back first of all. If you can raise the money, get the car. Get a receipt. Bring an attorney if possible. Could be the best $100-200 you could spend (the attorney could position you through questions and advice during this process for a later law suit). Ask for a receipt for the other money you have him. But get the car in your possession ASAP.
Write everything down that you recollect about discussions including quotes, dates, etc. If you paid cash, I assume you made a withdrawl from your bank account. Get copies of that showing the withdrawls. It's hearsay, but in this sort of case it's going to come down to credibility. You have to get your ducks in a row. Get everything you can The judge will sort out what is important and what is not. If you paid by check, get copies of the cashed checks.
Then go to court (probably small claims).
The bad part is you may never collect. He has the car. You do not. The rest is in dispute.
BTW, it sucks. Please don't think I'm insensitive. Just don't do anything stupid.
#44
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YOu need
2 friends
Rollback
Lock pick kit
slimjimmy
prybar
hammer
Have one friend drop you off in a roll back and be back in 1 hour the other friend breakinto the tractor and moves it you gain access to the garage, every thing is loaded onto the roll back. : Tell your driver to step on it
use the hammer to smash somthin of his while your there
2 friends
Rollback
Lock pick kit
slimjimmy
prybar
hammer
Have one friend drop you off in a roll back and be back in 1 hour the other friend breakinto the tractor and moves it you gain access to the garage, every thing is loaded onto the roll back. : Tell your driver to step on it
use the hammer to smash somthin of his while your there
#45
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Thanks for the advice Geo. That is basically what I am doing. I have filed a Property Claim and Delivery with the County Magistrate. I did this upon advice given to me by my lawyer and the Magistrate's assistant. They said that was the only legal way for me to get it. Police won't touch, and if I go break it out, I can be arrested for breaking and entering. I'm not doing anything to get myself in trouble. I feel wronged and I am trying to get things fixed by doing it the right way, although it is fun to talk about Wild West solutions. The pain in the *** is that no matter what, by doing it this way, he will have my car at least until October 2nd.
Right now I am generating alot of paper work to take with me to court: Dates and Times, monetary figures, verbal agreements, bank statements, etc.
Wish me luck...right now I'm screwed, hopefully I can get unscrewed.
Right now I am generating alot of paper work to take with me to court: Dates and Times, monetary figures, verbal agreements, bank statements, etc.
Wish me luck...right now I'm screwed, hopefully I can get unscrewed.