My car has been legally stolen

[CamaroAdam73]

So since 2006 i've had one of my cars in storage with a local "speed shop". I bought the car in 2004 and moved away from the area and left it in this shops possession since 2006. I was 18 at the time and didn't have the experience to fix the car myself so i setup a deal with this guy to restore the body of the car for me and i would come pick it up when it was done.

I payed him the rest of what i owed him for storage/ work that was supposed to be done last summer, and the deal was that he would store the car for me till the winter was over so i had time to figure out what to do with it.

Well. my friend wants to buy the car so i called and left the guy a message saying that we'd be up to look at it. he called back today and left a message saying that i havn't payed him since 2009 and that i owe him 1400$ ! I didn't keep any receipts because i trusted him. I don't know what to do and i'm pretty sure there isn't much i can do.

I'm calling back tomorrow and telling him that it this is the way he's going to be then i'm coming up to pickup my engine and transmission and he can just ****ing keep the rest of the car, and if he says no i'm going up with a few friends and i swear to god im taking whats mine.


This guy is a flat out criminal, i payed him 500$ to undercoat this car, and it never happened. I had him powder coat 350$ worth of parts, and the powder coat CHIPPED OFF!!!! Before the parts where ever even used, it they tapped against ANYTHING at all it chipped instantly. :evil:

If anyones wondering the car is a 1973 Camaro RS, i posted awhile back about selling it, trying to figure out a good asking price. My engine and trans are a 383/ muncie M22. I absolutely will not walk away with out that M22, i'll spend a night in jail i don't give a ****, that's mine and i want it.

 

[1980PontiacWagon]

sorry to hear about your car...did you pay the guy cash or what? if you did it threw your bank you can probably get a copy of your transactions....73 camaro, is my dream car...i love the body of the early 2nd gen (70-73)..Good luck though.

 

[Ribbedroof]

You of course have a written agreement, right?

I would imagine by the time you get there, he will have filed a lien against the car. Removal of car/part of car will get you more than a night in jail. Call a lawyer now, you're going to need one badly, given your apparent attitude.

 

[RITTER]

He can't keep your car. He can take you to small claims court, if he feels you owe him money :idea: But no, he has no legal right to keep the car

 

[pontiacgp]

don't know what it is like there but here a garage has an automatic legal lien against a car if it is their possession and work was done on the car..BUT the cops around here don't care about that law and will threaten a garage owner with being charged if he/she refuses to let the owner take the car without the bill getting paid.

go to the local police station and talk to the desk Sargent to see how they handle this...

 

[Fastmax32168]

Garages all know that they have a right to file a lien against a car that was left there and obtain a title to it. What hardly any of them know however, is that in most states you can go down to the courthouse and post a bond in the amount of the bill and then you have the right to take your car out of his possession. The Sheriff will come with you to make sure you get it. Then he has to pay to file a suit against you and win that suit in order to get the money that has been placed with the court. Having been in the car and finance business for many years I have yet to see a garage owner actually take me to court once I have gotten my car back. If he doesnt file in 60 or 90 days the money is returned to you. Mostly they just get pissed off and call you names once they find out what you have done. 🙂
Roy

 

[454muscle]

don't know what it is like there but here a garage has an automatic legal lien against a car if it is their possession and work was done on the car..BUT the cops around here don't care about that law and will threaten a garage owner with being charged if he/she refuses to let the owner take the car without the bill getting paid.

go to the local police station and talk to the desk Sargent to see how they handle this...

Yes and no -- it`s a delicate line.

If you get work done to a car, then you signed a statement of work to be done, authorized by you -- this is what the shop owner can use to say you owe him money, and how much. Without that, there is no way for him to prove how much, if any, you owe.

There are several ways to handle this. If he`s taking payments as cash without giving you a receipt, then you have to do some investigative work to obtain evidence of that (or find any dirt on him), and you can hold that against him, saying that you`ll report him to the IRA if he doesn`t release your stuff.

I understand CamaroAdam that you`re angry, I would be too. Should have kept track of the monies paid, that way you would`ve been able to take that statement and show him `here`s the dates and amounts I paid` and jog his memory.

Going to court -- bro, don`t waste your time or money because I`m telling you, that`s all this will accomplish. I know, because I`ve done it and I`ve lost a lot of money in the process.

 

[bill]

A lot depends on the local laws regarding Mechanics Liens and such.... I would do as stated above and discuss this w/the local sheriff or police dept. Also go to the BBB in your area and see if this fella has other customers with similar situations. He may be a crook...and had this intention in mind from the start. If you know a good lawyer that will give you free advice, call him too. In this state, VA, if you leave a car in the possesion of a mechanic for too long without payment, they can legally sell it to recoup their losses because people tell them to fix it, then dont pay and the mechanic has little choice left. W/out receipts or proof of payment, you are at a severe disadvantage, because you cannot prove you ever paid him at all, and it becomes a simple case of your word against his. However, if he has a history of keeping peoples cars who claim to have paid him, the judge/police might see a scam artist at work here and take your side.... Good luck!

 

[pencero]

I would consult with a lawyer before doing anything and be completely honest/forthright about whats going to happen if this guy doesn't give up your stuff. If you go to get your parts and things get ugly you won't be able to escape the situation without jail time, so just make sure that you remain the diversion while your friends escape with the parts. Try to have at least $2,500 cash $5,000 would be better stashed in your car; usually assault/battery and or theft charges don't net a bail over $50,000 ( @ %10)

The best situation: you take the parts put them w/ someone you can trust this time and stay with an obscure friend/ family member and dont post it on facebook or tell many ppl about it, then 'turn yourself in' if a theft report comes in and arrive w/ lawyer and bail. If you can get witnesses admitted to the court the charges will just get dropped when they (the witnesses) explain why this all happened and how the guy tricked you about the car

consider your options: theft over $350 is a low felony in most jurisdictions while assault/batteries < 3rd time = a misdemeanor unless the 'victim' went to the hospital.

GL whatever you decide to do and be safe. If this whole thing is about the principle of the matter and not so much about $ then I would consider being at a public event when other people you hired arrive to handle this for you. That would make a potential investigation against you really difficult for the other side to get a conviction!

 

[JBreu]

Don't do anything to get your *ss thrown in jail that's for sure...Sounds like that would be a civil issue here in New York, rather then criminal....And if you haven't paid him in a while, he can take what you have..without a written agreement your word and his word are heresay...good luck with it though, you might have to bite your tongue and pay what he wants...His shotty work as a powder coater means nothing in this argument here...... 🙁 And for Pancero's advice" consider your options: theft over $350 is a low felony in most jurisdictions while assault/batteries < 3rd time = a misdemeanor unless the 'victim' went to the hospital. " seriously don't listen to that at all......The winner goes to jail and the loser to the hospital....WTF