Ok so I have this car here I was suppose to work on & I got sick but no biggie.The kid says well just get better Im gonna have someone else work on it.So I tell him I'm not gonna be @ that property anylonger you need to come get it.He doesn't show.He says a tow trucks coming so I pay someone to be out there put up the pitts noshow, he quit replying I tell him I'm about to be unable to get a hold of no reply his girlfriend and they are young 18-19 text me and says how they waited over a month for me to start work and I never did the car wasn't even out there but a week or two and he says he's pulling it from me. so what should I do? he says have it towed to an impound and he will pay to get it out but that sounds funky and I don't need the car where it is and I don't want to be a jerk either any suggestions?
In today's world where everyone feels that they have been 'wronged' and expect lots of your bucks from your 'mistake', do due diligence on something like a car. Email wont hack it as there are just too many ways to say that he never got it. A registered letter with a return receipt is the first place to start. A copy to your lawyer sure wouldn't hurt either. Next, turn it over to your lawyer to handle. Remember, you have HIS car (property) and you are now responsible for its well being since HE turned it over for your safe keeping (oh and years back, I would have disposed of it in what I thought was the best way, including a one way junkyard trip:evil
I would let him know he has til Monday to make up his mind. If he wants you to work on it, it will require a deposit. If not, If it isn't picked up by Monday, storage charges and a lien will be started. This will motivate him to do something.
You call him a CUSTOMER ? If You took possession in a good faith verbal or written agreement ? You excepted responsibility for the safe keeping of that property and are responsible under the law!! You can get a lean on the vehicle for storage or work done on line , fill it out and mail it in !! If the vehicle or property isn't picked up and the lean paid in the time limit in your area the car or property is yours ! In some areas the property seized on a lean must go to an auction and anything over the lean value ( The BILL ) that is paid at the auction must go to the owner of the property auctioned! If you are not a shop owner or repair facility licensed and you gave an estimate for a repair or a bid to do repairs you had better see a good attorney :drunk:!!
All very good advice! It really depends on the state and local laws. And if you don't have a legal signed repair order that could get you in trouble if you were to get rid of it. But at the very least, lean sale it if you can legally.
Not sure if the law has changed but back when I worked for a body shop/tow service in Missouri, if the vehicle was not claimed and picked up after 90 days, you could do whatever you want with it. We had towed a vehicle in and stored it in the tow lot and the owner never claimed it so after 90 days, we turned it into a derby car and had fun. BTW, I took 3rd place in my 1st and only derby I ran with that car. Good luck.
Not to be a grammar Nazi; but if you are trying to research this; you want to look into a "lien" or a "mechanic's lien" not a "lean". This happens a LOT. Usually its 90 days, but I would talk to a police officer to run the VIN (don't call 9-1-1, just the non emergency number). You absolutely don't want to go through the hassle of possession of stolen property, drug paraphernalia, etc. THEN you write an actual letter and mail it to him (the cop may be willing to give you the mailing address attached to the cars paperwork). The letter should be certified, return receipt requested and require a signature (this will cost you a few bucks). The letter should state when you took the car in, how many times and the method you've tried to contact him, and how many days he has left to take possession of his property. If you have a lawyer, you might want to have a quick chat about this.
This way, if you go to court; you can say the following:
I checked to make sure the car wasnt stolen.
I tried to notify Mr. X through phone and email, which was unsuccessful
I sent a certified letter to the address attached to his license or the cars VIN (this puts the owner up to bat as he should have updated his records with the DMV - he can't hide behind "I moved")
I gave him 90 days
The burden of proof is on him at this point. I'd also take some pictures with a date stamp as the car sits today so the car can't get trashed suddenly and he claims it had a $4,000 set of wheels.
A mechanic's lean is by far the best way to handle this situation. It's both legal and settles this situation without screwing yourself over. Just do your research as it does vary state to state. In NH we're even required to post the vehicle up for sale at auction before taking "ownership" of said vehicle whether it's at an auction or simply advertised in the local paper.
Thank you, Lien it is! You are very right and not being the grammar Nazi, thank you very much for pointing this out. If we want correct information we need to use proper spelling or we could end up with some stupid info we THINK is correct.
Sorry about the miss spelling , and thanks for correcting me !! I sometimes miss a few mistakes while proof reading before I post age and cataracts I can blame for that over-site LOL:mwink: So I can gracefully :mwink: BOW OUT LOL
I run a furniture and flooring store, and it is normal practice to have a construction lien on projects to help ensure we get paid. And of course, the few times we don't we get burned!
All very good input. Call the cops or the local DA or if in a small town city attorney, get input on how to handle this properly. Keep any and all communication with the "customer." Don't delete e-mails or texts, as those are admissible for evidence.
What kind of work did you contract to do on this vehicle? What kind of commercial shop do you operate? What kind of license do you have to allow you to bid on a job or write an estimate ? What insurance coverage do you carry to protect you and cover your liability? If you have no shop or license and you are not a repair facility you can not get a lien against that vehicle! In most states (if not all) in this country you can face jail time and a fines!!
Lose your license and face fraud charges!
Even if you take in work on the side for friends at home and receive money for work done you face legal action and without a repair facility license Your customer can take possession of that vehicle at any time and owe you nothing Legally no matter how much you think they owe you (you can not hold it or dispose of it)! And unless you are certified and licensed you face jail time and fines for doing work you are not legally qualified to do !
These laws you may have violated are put there to protect the public from scam artists, and fly by night repair shops !
I read some of your old posts and in a couple you mention forgetting your lipstick at home and having trouble with your vehicle when you turned around and went back home to get it and that you were having to to take care of your sick babys :thumbup: and in another you say you have to Woman up (or woman out?) So I take for granted you are female :thumbup: And its great to have Women on here
What kind of shop do you operate or what kind of work do you do? There is nothing in your profile but "GOBBLY ****" and from all your Questions pertaining to your own vehicles repairs you are no Master Mechanic or tech? So I take it you Specialize in some field in the automotive industry other then mechanical or electrical by your posted questions (maybe) ?
CURIOUS I am ? Where this vehicle was left and now abandoned that belongs to your customer as you call them? I worked in every state in this United States and off shore except for Utah LOL and the Laws are pretty much the same wherever you go , and I have had Shops of my own and had many liens applied to customers vehicles ranging from thousands of dollars, to just storage inside or out, And was responsible for the safe keeping of those vehicles except for personal property left inside them, till the law ran its course !
I ran my shop with INTEGRITY and Could never just leave a persons property abandoned and walk away because it was not a signed agreement!!! Once you take possession of property it is your responsibility to take reasonable care of it!! And your insurance also covers that car at your shop! A fly by night shop has no insurance or license to operate and doesn't care!!
If I took any vehicle or parts in and said I would (a verbal agreement) do the JOB in writing or not! That would be my WORD, And I would stand behind it 100% That's why the lien process is written in the law Either for work done and not paid for or a storage fee if its abandoned on your property outside or in a building! Being a person who doesn't care about the law is not in my make up or the way I was raised!
I am retired and work at home now and have a repair facility license and insurance and my master mechanic certificate is up to date and that protects me and I can get a lien on any property left here , and if a lightning strike hits a vehicle with a tree its covered!! If I move I will take left property here for work with me and notify the owners of my moving ! Once I take in a repair I am legally responsible and can not just abandon the property in "TIM BUK TOO" and turn my back on it, without the consequences of the law coming after me !!!!! Let alone the blow to my integrity when the word gets out and spreads like wild fire !! That I am a lier with no BALLs to stand up for my word!
Any one on here that recommends the OP just leaves and forgets about that vehicle (unless JOKING) to what ever happens to it is WRONG in my opinion He agreed to do the work in good faith and is responsible and must follow lawful steps to handle the position HE is in now!!!
Whether the OP comes back or not this thread will be important to anyone wanting to go out on their own and do business and its very telling about some of the members train of thought concerning lawful business practices !!
I guess that's why you've never been elected to represent in our nation's great capitol - you have some integrity. Stand behind your word you say, blasphemy:thumbup::thumbup:
The member mentioned illness earlier on, too. It may have been resolved, or something more "interesting" might have occurred... Or maybe they're just busy with life in general at the moment. Here's hoping all is well, and also hoping that the input here helps them get this resolved!
We've sat on people's stuff for years with no word from them... And they suddenly show up one day asking if we knew what we ever did with it! LOL You just never know...
I remember hearing a story about a shop who had some vintage parts, be it fenders or what ever, I forget. But they were left there by the owner for a year or something. The shop put them aside and kept going. One day someone comes in and says they heard they had some things they would buy and the shop owner sold them. A week later the original owner came to pick them up. It looked like a scam, but how do you know?
We're a couple husband & wife...I'm the husband.Im not the brightest when it comes to engine repairs etc but I'm a real good metal man so I do alot of custom metal fab work.I have done this for years epically on motorcycles. I Knew alot about bodywork already so a few years back I went & set my shop up for bodywork.I paint from time to time but still that's a crap shoot so I stick to custom metal work mostly.
I've been ill &was in a bad accident & just simply never received notification to this post.
Now in the county I am in belive it or not you need no business license to run a shop from your home.However the fella who is working with me now has went through everything to get all licensing as he's a good mechanic & a fella who I farmed a job out to me has a full shop with paintbooth in town &wants us to come take over...however I doubt I will.Anyways the situation is now this the kid still would not pick up his vehicle even after storage fees which are in my contract which was drawn up by an attorney which He did sign,well at first it was come pick it up for free and then He wouldn't so he started to the accumulate.he then said if I did not have it towed to him he was going to call and report it stolen so I called the sheriff's they tagged it said if he shows up to pick it up he has to pay me what is oWed,right now I am in the process of getting a mechanics lien title,I have all of my paperwork I've been in contact with the state capital attorneys to DMV the sheriff'sit's been a couple of months I have not heard from him he will not reply to me so that is the route that I am going
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