erinaldi

Having sat as a small claims judge at one time, I believe the posts advising you to keep records, take notes and do nothing even marginally illegal are the ones to keep in mind. You must go to court with "clean hands." At trial the questions the judge will want answered will be "Was there an agreement or contract?" "If so, what are its terms?" As there is no documentation it's all a matter of credibility - your word v. his. Any other evidence (including how you dress and present your case) will help.Things that will help you include: his veiled "threat" that he always gets his money; the fact that he blocks access to the car as a method of doing business; the fact no paper-work is used in conducting business (this cuts in your favor as it adds credibility to your position that he has the power to change the terms of any agreement at will); the lack of licenses. The threat of $45 / day storage; and if you can find even one other person he has done this to (and if the court allows this type of evidence of "course of dealing") this would help tremendously. Your lawyer may have some specific remedies for "mechanic's liens" and possible unlawful retention of the car. Also check with your lawyer - here in Colorado lawyers are not allowed in Small Claims Court. In our state if a party appears with an attorney in small claims the case gets continued to the County Court and more delay is the result! Finally, I would investigate the local authorieis re licensing and county taxes, etc. In my humble opinion the feds are too busy for small game. Good luck!

Peckster

Pay him him what he wants, go after him in court and chalk the whole thing up to experience.

Where do you guys work? Had you had any dealings with this guy before?

erinaldi

Yes, I agree with the last post. Here's what very well could happen in court;
1. This guy seems like an experienced pro. Let's say the judge agrees with you that there was an agreement and the terms are what you said. The painter could then agrue that if the agreement was enforced as you say, you would be "unjustly enriched." This is a concept in the law of contracts and equity. He's asking the court to "rewite" the agreement so that he gets reimbursed for what he paid for the paint (you bet he'll have paperwork for that!) and for the fair market value of his labor. You still may lose, even if the judge agrees that at one time you had an agreement.
2. Even if this doesn't happen and the judge agrees with you and rules the terms of the contrat are as you said, and that the car is to be returned, I would bet this guy is not only dishonest but a sore loser. I think he'll sabotage the car.
So what's most important? Principle, pride or Porsche? I vote for paying him and getting the car ASAP. You may want to use the lawyer for this negotiation if you're too angry to deal with him. After you've got the car, try suing, but only if you want more brain damage.
Please let us know how this works out.

ELLSSUU

Can you persuade someone at the court that he "suggested" that he will do harm to the car if you take him to court? Seems like they would let you take possession of the car immediatly. Get your lawyer to help you with this one.

Flight_951

In Virginia, the local counties collect business taxes as well as the IRS. See if your state has the same and then add the local county tax administrator to the list.

Also, consider putting an announcement in the local paper in preparation for court: "Have you had your car painted by [assclown's name] at [assclown's address]? If your deal ended badly too, please let me know what happened -- [your phone number]" Someone else with a bone to pick may call you with their story. Good luck.

Terry Jamison

I had a similar situation in California with a licensed shop. To get the car out of the shop, I wrote him a check and stopped payment on it ASAP. He ultimately sued me. Initially he won. i appealed to superior court. I went to the library and did some research. It turns out that he never did an estimate in advance. I showed the judge how the final bill matched the estimate amount to the tee despite the final bill including additional work never agreed upon. After leaving the courtroom to verify the civil code which I had cited, the judge begrudginly found in my favor and I didn't have to pay a dime. What's more, I took the court decision to the Bureau of Automotive Repair. They called him in to their office and ultimately fined him related to my case. It turns out that he had installed rebuilt parts while charging for new parts.

In your case, I doubt that this guy even has a legal right to collect anything from you without a license. Do some research. I definitely don't think that he has any right to withhold your car. IMHO the only legal remedy this guy could have is a mechanics lein or small claims court. But, again I seriously doubt that these are available to him operating out of his back yard. As far as the storage fee, he's extorting you. Do that research. You could probably take him to court and get money out of him.

Good luck.

Bruce '89 s2

Half of the world is reading this post.
PLEASE let us all know what happens here.
It could happen to any of us.
Good luck - you deserve to win this.

NICK G.

once this is over could you give us his name and address and phone number just in case some one would like to give him a call or drop him a friendly NOTE!!!

Epic2112

What he said.

*points up

Eyal 951

Good luck, do what your doing, I really like the recording the conversation idea, ask your lawyer about that one... could be the back breaking evidence. any updates?

Eyal 951

oh and once its over, get a restraining order on him or something, as someone else said, he may be a sore loser.

billybones

Do you have fire insurance? At this point in reading all this. If I did. I would torch the place using paint thinner as a helper....

944LT1

I've been in situations like this before. In my opinion you lost your one and only "EASY" solution. The very first time he told you it would be $1350 more you smile and say well O.K., and write him a check. Then as you pull out of the driveway CALL YOUR BANK AND CANCEL THE CHECK!!!!!!!!!!!!

944LT1

I've read this entire thread and that is by far the most stupid suggestion given!!!!
Yea torch the place, loose your car and your freedom for the next 15 years!

billybones

you are right, that was uncalled for... I'm out.