BC

How come this stuff always looks exactly the same played out online with the same writing styles, bold print, Extreme use of emoticons, and repetition?

How many times does 21k need to be written? In bold no less.

Ca lein sakes work great when everyone is honest and there was any proof {or lack of proof} in the database of who the car was owned by previously. You have to get that receipt from the DMV to process some of the paperwork.

Once you do, you have to add who you may think is involved as well.

After the posted sale, it's just more papers, and you are done.

docmirror

Well, I will start with my usual disclaimer about not being a lawyer. Now as for the lien sale of a VIN titled car, there's no requirement that it be done by a shop that is licensed by the CA BAR. Plenty of lien sales come from storage lots where cars, boats, trailers, RVs are stored on a long term basis. The state itself sells vehicles on lien sales when they confiscate a VIN titled vehicle. Having a BAR license is only relevant when someone wants to work on a car, but it has nothing to do with the sale for storage/repair fees.

As far as limitations to the amount of the lien, I can't believe that the state would limit the accumulation of storage fees or cap a lien amount so low when a vehicle value could easily run over $100,000 and repairs could again easily top $5000 or $10,000. There's no way a consumer would be protected from unscrupulous lien sale of a $100k asset for the owing of $1250 in back storage. It doesn't make sense, and I'm sure there is language that allows much greater amounts. If that were the cap, once $1250 worth of work or storage became due for 90 days, the shop could 'sell' the Ferrari out the back to their cousin for $1250 back lien amount, then turn around and clear title it in a shell name and make a bundle. Just no way that protects the consumer so I call BS.

AO

If the spares are not legally yours to begin with (which is a matter of debate here) you cannot contract yourself onto the right side of the law.

Of course you can draft a contract for anything, but that doesn't make it right.

Given the cloudy nature of this discussion, I wouldn't touch them. I see three possible scenarios playing here.

1. If you're right, then ExConCriminal will try to make it appear as tho you don't have proper title to the car or the goods. Think of it like this, if he can't have them, NO ONE WILL . I find this pretty likely.

2. ExConCriminal is the rightful owner and you're trying to recoup any $$ you can, but are hampered by the legal process. Based on his and your demeanor, I find this one least likely.

3. It's a little of both. He asked you to do some work, you did it, and he won't pay. You got a lien, but he's fighting it on a technicality because you're not a licensed shop. I think this is probably what happened. In the end the courts will have to sort this out.

You seem like a reasonable person (online at least) and ECC seems like a total DB (online at least). It's a shame this kind of crap has to happen. I think you are going to learn a valuable lesson and maybe he will too. The only winner here will be the lawyers and the courts.

Have you considered Judge Judy? It's a great case for that.

blau928

I am not an attorney, but having just been around several lawsuits, I wonder the following:

- if the lawsuit was filed and an order issued by a judge on the date the suit was filed, it begs the question of when was the defendant served, and provided time to respond.... The docs posted on RL seem to be the cover page of a suit entered at the court on a certain date with claims that there was an order entered on the same date.. Not sure about this as court proceedings, but it's likely the defendants need to be properly served and would have at least 5-10 days to respond...

- if there was a TRO and writ of possession ordered by the courts, then it also begs to wonder why those weren't posted as well. After all, it is public record, and can be found at the court in which it was filed..

- if the judge entered a "stay" to freeze any activity around the vehicle, then it could stop the right to sell the vehicle until resolved by the courts..


But, I am no attorney so...

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docmirror

I believe the response to a lien sale authority would take the form of an 'estoppel', not a TRO which is a restraint on an individuals movements or activities precluding a protection from violence. Estoppel is used in civil cases to prevent a wrong or monetary damage from the transaction being allowed to proceed. Then you have the ever popular lis-pendens to delay, or prohibit the exchange of real property(land, improvements) until certain satisfactions have taken place.
<edit; still not a lawyer! heheheee>

blau928

You sound like a person that slept at a holiday inn....

Sent from my iPhone using Rennlist

FBIII

It's ashame we haven't had an attorney chime in.

White Lightnin'

We all have an opinion here... and being an adult, I tend to form my own based on actual facts that I have been privy to observe or be a part of... versus the 'jump on the bandwagon' approach.

IMHO:

1. since the shop is not a registered shop -they can't claim a mechanics' lien.
2. since the shop is not a registered storage facility -they can't claim storage fees
3. since the shop has neither a signed work order nor storage contract to provide either service -they can't perform a lien sale for said unpaid service.
4. I believe MM has a positive case for the car (from what is shown in this thread)
5. IF they are really not citizens (Nigerian illegals), they can skip the country with whomever's money and/or car.

But then again, we are talking about Kalifornia and when it comes to laws and an individual's rights -they tend to make it up as they go along (ie. 2nd Amendment).

Good Luck Maverick!

BC

Your opinion may be very valid in NC.
I do not know the laws there. I barely know the laws here.

But I will say that you CAN lien without those requirements below in CA. Anyone can lien when there are unpaid amounts, as far as I can tell.

You have a car in CA from another state. It hasn't been titled in CA recently. You process the lien sale and find out who is in the DMV DB. No One? Wonderful. Someone? They get a letter. You add other names (under your discretion, note) - and the letters are sent via cert - which you must prove to the DMV.

Once there is no response, its as simple as the lien sale being "scheduled" and advertised. No one comes, you own the car after some more paperwork.

That's how it works.

Imo000

What happens if someone shows up to the sale? Does it need to be an auction or sell it to the first person that forks out enough money to cover the lien?

White Lightnin'

What about proof? Not needed?

Cool... I can now say someone in CA owes me money and take anything of theirs that I like! Woo hoo!

prescott

IF you have clean title to the car Maverick, negotiate a fair price with the shop, pay that911 for the STORAGE of your car and be done with it....lots cheaper than a lawsuit and legal fees. That's how adults who take responsibility for our actions act in a civilized world. You need to grow up.

Most of us on Rennlist have some idea of YOUR reputation, Maverick. Calling the mechanics names, flaming them and slandering them, Nigerian or otherwise, doesn't help. In fact, one might say, legitimately, that "its the pot calling the kettle black"!

Maverick Manns is not listed by name as previous owners that have been shown on the CA DMV provided by that911 (it DOES show Devek so it looks legit). None of us have any evidence that your claims or anybody else's claims is legit, or to the validity of any documents on here. But since that911 has produced something LOOKING official from a court, and your name is not there, how can you own the car legally?

Is ANOTHER alias of yours is Red McClintock of Berkeley CA, on top of Maverick Mann, Maverick Marsalis, Derek Kelly, "Harvard MBA", "16 year old pilot", "Porsche 928 outlaw", "treasury bond counter fitter", "**** filmmaker", and "Texas mile at 203 MPH"?

I've had enough B.S. about this nice car, the mechanic who may not have a licence/bond/insurance, and especially about Maverick. How many names, lies and BS can one jaggoff produce? Maverick Manns and all the other history that comes with your reputation indicate that you meet the definition of a sociopath and are in need psychological help (yes I am a doctor, yes I slept at a Holiday Inn last night, and yes you are a douche).

Go troll somewhere else little Maverickman/Exconcriminal. I think that this whole thing is some stupid scam thought up by Maverick and his associates "the Nigerian mechanics", as a disturbed way to sell a car that he doesn't have a title for. Sad really, for the car. I'm sick of this thread, I think its a scam, and I feel the moderators should close it. I'd buy that car for $1 just to **** you off Maverick.....but I won't, cause I don't want to have to deal with YOU for the rest of my life. I'm sure i'm not the first to tell you, "Don't go away mad, just go away".

Bmw635

Just a warning to potential buyer, especially when it's listed on CL so I am sure someone will bite!

If the judge declare the car is not lawfully owned by the shop, the buyer risk losing the car if the court seize it! Even if you bought insurance, they will not reimburse.

I see that the shop is in hurry to sell and grab the cash and run with the lien sale before the judgement rendered, which explain why they did not show up in court because they'll be force to turn over the car. You must have a license for what ever business you operate in CA in order to be protected. Yes, there are gray area of the law that's why lawyer make big bucks to say whether it's gray or white.

My friend lost the car he bought for $10k with my help from a body shop with the lien that was illegal. Yes, shop had license but the car owner just bought the vehicle and got into an accident then gave to the shop before transfer title to his name. The shop got their money, owner got his car back after 5 mos when the cop tracked down the car and said that he bought a stolen car. He lost the $ and didn't have the car. Insurance refuse to cover, saying he bought stolen property.

docmirror

Frankly, if anyone buys it, the car should leave the state of CA and have it titled ANYWHERE else. I titled a 968 in TX without much trouble and bought it with no title in hand. Sold it clear title just a few months ago and no problems.

Oh, and what's a 'registered storage facility'? I know CA is the regulation capital of the world, but you need a special permit or something to store stuff? Weird.

BC

Not if they are aware and watching the mail for any strange notices about verification of ownership.

Any you will notice I mentioned out of state cars.

If it was in state, and it was previously registered, or currently registered, and you were truly not he current owner but were trying to "steal" it would not work.