Author Topic: any lawyers on the forum ?  (Read 1485 times)

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Offline speedy gonzalais

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any lawyers on the forum ?
« on: September 07, 2012, 06:57:47 AM »
hello I'm after a bit of leagal advice, I own a garage and recently a lot of people are getting work done then expecting to pay for it at a later date! so I put a sign up in clear view saying that cars are to remain on the premises until any outstanding balance has been paid, has done the trick up until the other day when a bloke comes to pick he's merc up, bearing in mind I quoted him 1500 before starting the job which he was ok with. anyway the job took less time than I expected so final bill was just under a grand handed the guy the bill and he went into one saying that that im a con the price is extortionate and he refuses to pay, so fair enough I say, your not taking the car until you pay! after threatening to smash my face in he leaves as my 2 very large employees emerge from inside the workshop, today I get a visit from the police telling me that if I don't give this guy he's car back at 5pm il be arrested for theft, so I explain to them that he's car is worth 800 at the most and he owes me a grand and he should be arrested, the reply to that was its not a matter for the police and I've gotta give he's car back! the police are renowned for making it up as they go along and wondering if I'm within my right to keep he's car?
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Offline FunJimmy

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Re: any lawyers on the forum ?
« Reply #1 on: September 07, 2012, 07:08:00 AM »
Providing that Bloke signed a preauth work order, I would think that you have all the right to expect full payment before he drives the car off the lot, but I'm not a lawyer either.
What do they say? Possession is 9 tenths of the law?

I'd undo the work you've already done, if possible, or make the car un-drivable if not.
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Online CycleRanger

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Re: any lawyers on the forum ?
« Reply #2 on: September 07, 2012, 07:08:40 AM »
You are attempting to enforce a "Mechanic's Lien".
http://en.wikipedia.org/wiki/Mechanic%27s_lien
Of course local laws may vary.
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Offline the technological J

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Re: any lawyers on the forum ?
« Reply #3 on: September 07, 2012, 07:09:23 AM »
tell him if he doesnt pay your taking the parts back off his car then he can have it back.. but i would call a local lawyer so if the cops show back up you can spit some precident out to them
Edit: i did some quick searching and you have the right to hold the car and charge him storage fees
check out keeping cars
http://www.bbc.co.uk/watchdog/consumer_advice/mechanics.shtml
« Last Edit: September 07, 2012, 07:16:20 AM by the technological J »
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Offline MikeZ

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Re: any lawyers on the forum ?
« Reply #4 on: September 07, 2012, 07:17:01 AM »
Remove the parts you put in or at minimum disable the car in some way that won't be easily found so he can't take it w/o a tow truck

And contact a local lawyer to see what rights you actually have


Offline Duke McDukiedook

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Re: any lawyers on the forum ?
« Reply #5 on: September 07, 2012, 07:26:49 AM »
This is why most auto shops here have a fenced storage lot with razor wire and mean dogs in the yard. If he signed a work authorization with detailed breakdown of parts and labor costs as described above he is on the hook for that amount if you do the work. Depends on your laws where you live though, like said above you may just be perfecting a mechanics lein against his property.
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Offline 74cb750

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Re: any lawyers on the forum ?
« Reply #6 on: September 07, 2012, 07:53:38 AM »
Yep, happened to me once, but I didn't have 2 big guys to back me up.
I should have had a fenced yard as the owner came and got the bike
in the middle of the night....leaving with $600 worth of parts and labor.

Another reason why I no longer work on others bikes.
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Offline speedy gonzalais

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Re: any lawyers on the forum ?
« Reply #7 on: September 07, 2012, 08:18:04 AM »
it was head gaskets and timing chain replacement so stripping it down would end up standing me in more lost labour :( after talking to lawyer I'm suposed to give the car back and take him to a claims court (after 30 days) >:( she also said if I go home before he gets here I'm not technically refusing to give him the car back, so I'm closing up and going  ;D locking the car inside aswel, il pay him a visit later and see if he wants to pay the parts bill for the car back, but I'm sure I forgot to clean the grinding compound from all the ports before putting it back togeather ;)
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Re: any lawyers on the forum ?
« Reply #8 on: September 07, 2012, 09:38:38 AM »
If you disable the car, I would recommend doing it to a part of the car you were not responsible for fixing in the first place.
Maybe the transmission or under dash wiring. Don't want him to be able to say you didn't fix the original problem.
.

Offline Sparked

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Re: any lawyers on the forum ?
« Reply #9 on: September 07, 2012, 09:42:49 AM »
I wouldn't intentionally disable anything else in the car. Be the bigger man, follow the legal process. Should be a way to  put a lien on the car at the very least.
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Offline Duke McDukiedook

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Re: any lawyers on the forum ?
« Reply #10 on: September 07, 2012, 12:03:41 PM »
I wouldn't intentionally disable anything else in the car. Be the bigger man, follow the legal process. Should be a way to  put a lien on the car at the very least.

Yeah, take the high road here and go through the proper legal process while building the storage fence and hiring mean dogs.  ;)
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Offline wardenerd

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Re: any lawyers on the forum ?
« Reply #11 on: September 07, 2012, 12:13:45 PM »
My mechanic's bill has a mechanic's lein notation where you sign.

Offline speedy gonzalais

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Re: any lawyers on the forum ?
« Reply #12 on: September 08, 2012, 01:07:26 AM »
I spoke to the bloke lastnight and told him to hire a recovery truck and come an collect the thing today, it was funny when I told him il be taking the heads back off how 500 appeared from his pocket and he said he will pay the rest today when he comes to get it.
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Offline Terry in Australia

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Re: any lawyers on the forum ?
« Reply #13 on: September 08, 2012, 01:28:34 AM »
You did good mate, well done. I worked at a service station part time when I was in the army and the boss had problems with non-paying customers occasionally, but he would just do what you did, he'd say, "OK, I'll take all the new parts off again and I'll give you a call when I'm done so you can tell your tow truck driver when to pick it up", and they always paid. Cheers, Terry. ;D
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Offline RAFster122s

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Re: any lawyers on the forum ?
« Reply #14 on: September 08, 2012, 01:40:09 AM »
Glad it worked out, you need a chow/collie mix, they are very territorial and protect their owners if they feel you are being threatened...if they are properly bred. Great loving dogs if they know you but don't mess with the owner, their kids, etc. or their space or they can make you wish you hadn't crossed the line.  Definitely post danger warning signs if you do get guard dogs.
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Offline faux fiddy

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Re: any lawyers on the forum ?
« Reply #15 on: September 08, 2012, 09:16:24 AM »
My mechanic's bill has a mechanic's lein notation where you sign.

Anymore I think that's the way our Mechanic Liens work. You can also charge storage, which any impound charges $20 a day or so. WHile that doesn't sound real high, there are apartments that rent for less.

I'm in a deal sort of like that. If you don't have the Lien notation it can be more cumbersome, but they refused the certified mail, so that receipt is what you send in with the statement, and they issue title with that.  I understand it is a case by case basis, but I think in these times they just want you to regi$ter and buy tag$ from them so alot ob rubber stamping goers on.
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Offline Sparked

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Re: any lawyers on the forum ?
« Reply #16 on: September 09, 2012, 09:04:18 AM »
Good on ya. Maybe besides having a sign hanging up that says no cash, no car you should also have a document that explains that along with storage fees etc that they sign when commiting to having the work done.
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