Robwsup

MachSchnell

I'm sticking with the baseball bat and kneecap thing. I hate to say it, I'm in the used (granted high end, but still used) car business. Sometimes it takes sh*t like this to get something settled. Like Travis said, if the police ruled it a civil matter, then you told them too much, which means they have a report, which means it's documented, which means you're probably stuck. You have a few choices. Choice #1, as mentioned, write him a check and put a stop payment on it. Choice #2, fight it the legal way and keep your fingers crossed. Choice #3 (I might be wrong about this, but depends on what's on the title and where he is), if you can prove the car to be worth enough, he's guilty of grand theft, which might (again, please, more legally inclined people please input here) allow you to call in state police or at least Sheriff's dept who will take more affirmative action, or at least won't be handicapped by the statement you previously gave to the local lazy pigs. I mention this because we had a trucker disappear with a $150k car in Jacksonville...Jacksonville cops wouldn't do d*ck so we had to call Sheriff's and Staties up there. They found the trucker, we got our car. The whole 'possession is 9/10' schpiel is garbage, if you have the title, you have possession...without a mechanics lien, he has NOTHING. Don't let anyone tell you otherwise. The TITLE is possession of a car, not the car or the keys. Period. He could be a friend you lent it to who decided to keep it. Bottom line, it's stolen. I would also consider calling your insurance company. They have some nice bulldog lawyers who might put in a few of the right calls. Tell them who has it, NOT WHY, and that he won't give it back. Might not hurt to give them his address too!
Choice #4 as I see it is to find a repo man, show him the title, tell him you had a verbal contract of finance/purchase and that he has refused to pay for the car or anything. You could even say he took it for a test drive. Again, if you have the title, you own the car...a repo will, for the right money, make that car reappear in your driveway.

I still prefer the bat, but heck, there are almost certainly easier and less jail time inducing ways! Good luck brother, I hate seeing people get screwed.

v944god

I like mach

Use a bat and break his face. LOL..

What makes you think he won't pull something else once you pay him? He's jerking you around.

NICK G.

Sorry to hear your story. A friend of mine had the same problem, they charged him for work to be done and did not do it. They where payed to strip the car down to metal and re-paint it. After weeks of avoiding him, he finally saw his car, they painted over the paint with out sanding or anything and tried to charge him more for the job done wrong!So we went down there and took his car back and took some of his tools for all the aggravation he put him through we did not have to touch him one time, just the intimidation (and a bat or to).Either call the cops or get your friends to help. If I lived closer I would help!!!

Robwsup

I don't own the title, the bank does, so how would that work? Is he stealing from the bank? I'll have to call them tomorrow.

MachSchnell

Even better brother, if the bank has the title, call the bank. A loan officer probably won't do it (ask for a higher power), but at the least, with a lien on the title, you could possibly arrange with them to have the car voluntarily repossessed, with a written contract with the bank that you will immediately make an additional payment as soon as the car is removed from the stolen state as long as they don't report the repo to a credit bureau. They will ABSOLUTELY have the authority to call in a repo man and get it handled. Whether they choose to spend their time doing this is an entirely different matter, but at the very least, I would presume that your name is on the title with them listed as a primary lienholder. The smaller the bank, the more likely they will be to try to help you.
If the bank and your name are on the title, have them fax you a copy of the title, which you can then present as a legitimate representation of title and explain that the title is held by a financial institution. Essentially the same thing.

Robwsup

That would be nice if the bank would provide some muscle for me. The car is in the same state as the bank, so if they decide to help me, they should be able to do it easily. Thanks for the advice.

Geo

Good luck.

I know I'll get laughs for this, but "The People's Court" (the original) was educational. Wapner explained his decisions and what the law said. OK, different locals have different laws, but most are similar.

The eduction was to do your homework. Get your facts straight. Bring everything you can to support your claim. Don't embellish the story. You have to remain consistent to be credible. You must be credible to the judge. How many times do these cases come down to the judge having to decide who was most credible?

Robwsup

I agree Geo. I am not going to go off the wall with unneccessary details, just stuff like:

I dropped off the car on this date
He quoted me $1200-$1400
He said it would be extra to repair Bondo total would be ~$2000
He said it would take three weeks
Eight days before the car is ready he tells me the price has increased $1300
etc etc

emilysgranny

I don't know what your state law is, but here you have to licensed and have to give an official estimate in writing.All repair shops must be licensed. Furthermore do you have a department of environmental protection.They are dam strict on painting out of a specially built spray booth.Then of course there is the state tax board and the IRS. AND WITH THE IRS YOU GET A REWARD.

Robwsup

You are correct about being educational. You must be credible, as you said, but also organized, and if Wapner/Judge Judy taught me anything, you only speak when the judge says it is your turn to talk!

Robwsup

Emily,
Interesting, I'm sure what exactly the laws here say, but the guy painting my car said he couldn't write me an estimate, because he was doing this without a business license, and he didn't want a paper trail. In retrospect, that should have been my sign to haul butt, but he was recommended by several friends. Now in that situation, I would ask those friends, "Have YOU gotten your car painted by him?"

Manning

Dude, you're right down the way from the Savannah River Site. I doubt the EPA is going to give a rats *** about some poedunk redneck spilling chemicals in his back yard when you have a Super Fund site a few miles from your house.

Also, I am not 100% but verbal contracts may be binding in SC and you all are going to have a really time sorting the truth from the bull**** in court. And, the law can be kind of funny regarding services rendered, deposits, agreed to labor, nothing in writing, etc.

Good luck to you, and do make sure you have as much documentation as possible and do not volunteer information unless it is absolutely necessary.

nine-44

It's going to be all your word vs. his, that really sucks! No paper trail, but he should have to notify you of any changes in the deal or costs prior to doing the work, by law. Man, I really wish you luck. Does he know what you are up to with this? Does he know that you are getting legal with matters. I wouldn't give him a chance to screw with your car, if you do anything, do it damn fast. Not really the same details, but my buddie got a set of bicycle wheels for working on a buddie's bike(yeah, we were young). The kid that gave him the wheels told his dad that my buddie wouldn't give his wheels back. His dad called my buddie and made some BS legal threats(he was a sherrif and we were 14 or 15). Yeah, we took the wheels back to him, but they accidentally hit every curb on the way. I'd get ome buddie together, bring his other 100 bucks and say, here's the money for the deal that we ORIGINALLY had, and get your car. Don't forget to mention every legal issue that would run him into the ground! If he wants his cash, he'll have to sue for it or call the cops cuz you ain't leavin till you get your car. That's just me and what I'd do! Good luck brother.

emilysgranny

Do yourself a favor and forget the baseball bat thing. You will be the one in jail ,not him. And thats the criminal charge ,not the suit for his medical. Go to a lawyer and pay him 50$ for his advice and draft a letter to the epa and the irs and send him a copy. Tell your " friends that you have seen a lawyer and he is doing this and watch how fast it drifts back to him. Tell them you are going to supoena them for the trail. Watch how fast it gets back and I bet at the courts door it will be over.,if the guy has 1/2 a brain. If not do it. When the irs gets through with him it will cost him a h more then 1500.$