nelsonrl Posted February 16, 2008 Share #26 Posted February 16, 2008 Sounds like you have a good case for theft of services charges to me. The licensing thing could be an issue, but an email threat that you WILL be filing charges for theft could help. Give a specific deadline. Link to comment Share on other sites More sharing options...
fast black Posted February 16, 2008 Share #27 Posted February 16, 2008 I wish you were closer to me 'cause I would sure use your service, and I would pay before bike left your shop. That being said, when I lived in Iowa I took a scum bag to court and was awarded all that I asked for , but never saw a dime. That is the last time I got ripped off. regards, fast black Link to comment Share on other sites More sharing options...
KingSizer Posted February 16, 2008 Share #28 Posted February 16, 2008 I'd think twice about selling parts off his other bike. At least until you have a title for it. The last thing you need or want is this guy coming at you saying there was no financial agreement on the work done to the first bike, and now he is trying to get the second bike back in his possession, only to find out you have stripped it down and sold parts from it. You know what the truth is in all this but believe me, some people will say anything (true or not), even when under oath. My point is, you have no idea what this guy might say, and you don't want to put yourself in a situation where you have actually done something wrong. Just be careful about selling parts off that other bike. By the way, have you ever mentioned small claims to him or offered some sort of payment arrangement, or even offered a reduced payoff? Even half of something is better than all of nothing. Maybe he will give title to the bike in your possession in exchange for payment for the work you did, then you could go ahead and sell it off and recoup some of what is owed to you. Link to comment Share on other sites More sharing options...
cmiles3 Posted February 16, 2008 Share #29 Posted February 16, 2008 You have another option. File a mechanic's lien in the state the vehicle's titled; with the judgement against him it should be pretty simple. I'm sure there's a fee involved, but he can't transfer the title without removing the lien. Won't stop him from salvaging (maybe in an honest junk yard) but if it's worth anything, he'll pay. I have simalar story but on a pickup, wound up going to small claims court I "won" however the guys truck was in impound because he reported it stolen as soon as I told him it was done, so I took him to court. The Judge awarded me 1400.00 (parts and labor and my lawyer fees) and gave him the truck. I now have a judgement against him and have never recieved a dime nor has my lawyer, he now lives in texas and any futher legal action would be way expensive. I really dont know what else I could have done except asked the judge to not give him the truck till I had the cash in my hand. Link to comment Share on other sites More sharing options...
dynodon Posted February 16, 2008 Share #30 Posted February 16, 2008 Capt, Good on you for not immediately posting this person's name and address. That is a class act on your part. yes there are two sides, but this sounds pretty cut and dried. Just for your safety, do you have an attorney that will give you some advice for a few minutes and not much charge? Just to get your exact legal rights concerning small claims, or any other court option and what you can do with the other bike. $50 spent finding out can be worth a lot in just knowing the answer, good or bad. I have friends locally that will help with mechanical work, and I can do some myself, but I try not to infringe on that friendship if you know what I mean. I am lucky to have a local Yamaha shop (RTR Cycles in Washington IL) that has treated me right, and has a good mechanic. They aren't cheap, but so far they have worked on my bike twice, and my wife's twice, and they have been fair and good. I mention their name because those that treat us right should get kudo's and referrals. I suspect you will get some more business out of this, so make lemonade from the lemons, and get your money up front and don't give back the bike without full payment! (or some legal arrangement that can stick). Best of luck, and again, you did the right thing, and can be proud. Link to comment Share on other sites More sharing options...
Redneck Posted February 17, 2008 Share #31 Posted February 17, 2008 High speed lead poisoning. Go discuss it with him at 3 a.m I have done that with good results. I never let any body get away with not paying it will lead others to do the same. I would hound him till he pays or gets a restraining order against you. Link to comment Share on other sites More sharing options...
MikeM8560 Posted February 17, 2008 Share #32 Posted February 17, 2008 In 20 year running my buisness ive only been stiffed twice for about $300 total. Bad check on the ballance of a job. Link to comment Share on other sites More sharing options...
hig4s Posted February 17, 2008 Share #33 Posted February 17, 2008 I'm sorry to hear you got stiffed, but what were you thinking? Even not knowing he would be remiss, what if it had been stolen from your driveway,, you would have legally owed him the whole value of the bike!!! Link to comment Share on other sites More sharing options...
Captainkirk Posted February 17, 2008 Author Share #34 Posted February 17, 2008 You know what the truth is in all this but believe me, some people will say anything (true or not), even when under oath. My point is, you have no idea what this guy might say, and you don't want to put yourself in a situation where you have actually done something wrong. Just be careful about selling parts off that other bike. Good point. Hadn't even thought of that angle. By the way, have you ever mentioned small claims to him or offered some sort of payment arrangement, or even offered a reduced payoff? Even half of something is better than all of nothing. Yes, I knocked off $200.00 off the initial bill, offered for him to pay me a couple hundred and make payments when he could, and finally, told him give me $500.00 and we'd call it even. He responded by offering me "equipment" which he sells, of which I had no use for, and told him that the whole reason I worked the side biz was for extra money. I haven't heard from him since. Few people left in the world that has a conscience. I pay all my bills on time and even paid some I didn't owe or was in question. Good credibility and a good name is the pride of a family.Learned some hard lessons to. I wish I had all the money people owe me. I wish everyone lived by your philosophy. Capt, Good on you for not immediately posting this person's name and address. That is a class act on your part. yes there are two sides, but this sounds pretty cut and dried. My aim was not to trash this guy over the internet. I don't know his motives for non-payment and it's not my aim to judge the guy....I was only venting and asking opinions of my peers. I'm sorry to hear you got stiffed, but what were you thinking? Even not knowing he would be remiss, what if it had been stolen from your driveway,, you would have legally owed him the whole value of the bike!!! Another good point. Thanks for bringing it up. Link to comment Share on other sites More sharing options...
StuD Posted February 17, 2008 Share #35 Posted February 17, 2008 You may want to inform Mr. Rat that the storage fee on his 84VR has reached the $900.00 point & unless he pays up in the next 30 days it will be sold as scrap. Regestered letter will give you a signature that he recieved your notice and the clock is ticking. :canada: Link to comment Share on other sites More sharing options...
Guest KitCarson Posted February 17, 2008 Share #36 Posted February 17, 2008 Folks I have been self employed for a long time. Yes when you are starting out with a small business something like this hurts you in the financial department and puts a sour taste in your mouth. There are a lot of dis-honest people in the world. A lot of them!!! One time I had a car for sale....fellow wanted to go for a test drive....he did all the way to Atlanta Georgia, police found the car stripped:rotfl::rotfl::rotfl:see you have to laugh about it to keep from crying!!! All the liens in the world will not help....those so called court judge orders are worthless. Not worth the paper they are written on. To chase these kinds of people.......to take them to court........then chase them some more with warrants to seize real property.....all takes more money and time........an average service call I run to put a washer in a leaking faucet costs a customer $65 dollars. The fee to file in small claims court is $80 dollars. They never show up......so now you are out the extra money and time also.....but you do have that judgement!!! Makes me cry!! Now I just take this kind of thing in stride.......write if off as a bad debt on taxes. Do not even let it concern me.........Just cut a Landlord off last week, will run no more calls for him......did not want to pay for tenant caused problems such as a stopped up sink......hey it is his property.....his call.....he called me.......I am a small honest hard working person.....one of the very few who is licensed to do work.......hey let him use a jackleg who puts duct-tape on a leaking sewer line.....or pay an big company $300 bucks for a small call......I just walk away from these kinds of people....smile.....work hard.......enjoy life......and try to get done early enough at least one day a week to go for a ride........ Link to comment Share on other sites More sharing options...
IH Truck Guy Posted February 17, 2008 Share #37 Posted February 17, 2008 You may want to inform Mr. Rat that the storage fee on his 84VR has reached the $900.00 point & unless he pays up in the next 30 days it will be sold as scrap. Regestered letter will give you a signature that he recieved your notice and the clock is ticking. :canada: This is great advice.Keeps everything legal, and shows that you did everything the right way.Just keep all the paperwork. Link to comment Share on other sites More sharing options...
Captainkirk Posted February 18, 2008 Author Share #38 Posted February 18, 2008 Once again, thanks to all of you for your comments and suggestions. I don't want to beat this thing to death, so let's just say at this point I'll proceed with all due caution and try to stay both civil and legal. I'll also give this guy one final chance to make things right. I'd thought about asking for the title to the other VR so I could legally auction off the parts, but I fear that might make him think I've accepted that as a viable (read: acceptable) alternative. Believe me, I'd rather have the cash. Besides, it costs money to list parts on eBay whether they sell or not, and I'm remiss to go even more in the hole on this deal. I may not have a choice, though. If anything of any magnitude happens, I'll be sure to let you all know the outcome. Those of you who work on OPM's (Other People's Motorcycles) please be careful. Whatever you do, don't release the machine until the check clears or the cash is in your wallet! So many people find a barn-fresh bike out there that doesn't run, and are sooooo pleased with themselves when they chew the owner down to a steal of a price....and then expect to get it up and running for a song. In this guy's case, the cost of parts & repairs on the first Venture would've exceeded $1500.00. For less than that I hooked him up with a Second Gen. Venture that ran, but needed some work. (And this is my thanks!.....and No, I didn't get a finder's fee) In most cases, the potential buyer is way ahead of the game buying a running bike in good condition and paying the higher price....as in the case of the Second Gen VR. The reason I mention this is because next time someone springs a hare-brained idea like this (I'll get it cheap, you fix it cheap for me!) tell them to go jump. It doesn't usually work that way. And your friend is only your friend as long as you give him something for nothing, or cheap. Sign found on Dan's Motorcycle Course site, truer words never spoken! (especially the small printing on the bottom of the sign) http://www.dansmc.com/paysign.jpg Anyway, thanks again to all of you......ride safe and keep the rubber side down! Link to comment Share on other sites More sharing options...
brainfart Posted February 20, 2008 Share #39 Posted February 20, 2008 difficult situation.. and remember - what goes around comes around. someday - sometime - that guy will get shafted... Link to comment Share on other sites More sharing options...
oldandcrotchety Posted February 21, 2008 Share #40 Posted February 21, 2008 "Besides, it costs money to list parts on eBay whether they sell or not, and I'm remiss to go even more in the hole on this deal." Wouldn't cost anything to list the parts here the classified section........ Link to comment Share on other sites More sharing options...
Captainkirk Posted February 22, 2008 Author Share #41 Posted February 22, 2008 Wouldn't cost anything to list the parts here the classified section........[/font] I've listed several of the parts prior to this post (and prior to the whole Second Gen. Fiasco) but I'd be willing to try it again. FYI, there is a whole 1st Gen VR for sale here, folks. Make me an offer........ Link to comment Share on other sites More sharing options...
dray Posted February 22, 2008 Share #42 Posted February 22, 2008 a small claims court "judgment" and $3.00 cash, will get you a cup of coffee, at almost any coffee shop in the U.S.A.. in other words, a judgment, is worthless! jmho. just jt I agree but when you get the judgment you can then put a lean on everything they oun and that way he can not even trade in a car or sell his home or anything else you put a lean against for just a few bucks more and you could also add it into his credit report then it will follow him for ever there are ways to hurt them till they do pay Link to comment Share on other sites More sharing options...
Captainkirk Posted March 11, 2008 Author Share #43 Posted March 11, 2008 Emails and phone calls have gone unanswered. Since I had the owner's "permission" (prior to commencing work on his Second Gen VR) to sell off his parts on the First Gen VR (and split the profits) I will now assume it is OK to keep all the profits; at least until the bill is satisfied. I'd like to offer up any parts to you guys first before I hit up eBay. I've had some of them in your classified section before, but not sold anything. Nevertheless; I'd rather see some of you guys get them first. I'll be selling parts as I dismantle the bike. For any specific needs, PM me and I'll try to get back with you as quickly as possible. If possible, snap a pic of the part you need to help me identify it. Thanks for all your good advice previously; you really are a great bunch! Parts I do NOT have: Instrument cluster Carbs Main wiring harness Seat Rear bags Trunk bag Radio Battery These I know for sure are missing, unless the owner has them. Please check the Classified section for listings or PM me. Link to comment Share on other sites More sharing options...
Condor Posted March 11, 2008 Share #44 Posted March 11, 2008 Emails and phone calls have gone unanswered. Since I had the owner's "permission" (prior to commencing work on his Second Gen VR) to sell off his parts on the First Gen VR (and split the profits) I will now assume it is OK to keep all the profits; at least until the bill is satisfied. I'd like to offer up any parts to you guys first before I hit up eBay. I've had some of them in your classified section before, but not sold anything. Nevertheless; I'd rather see some of you guys get them first. I'll be selling parts as I dismantle the bike. For any specific needs, PM me and I'll try to get back with you as quickly as possible. If possible, snap a pic of the part you need to help me identify it. Thanks for all your good advice previously; you really are a great bunch! Parts I do NOT have: Instrument cluster Carbs Main wiring harness Seat Rear bags Trunk bag Radio Battery These I know for sure are missing, unless the owner has them. Please check the Classified section for listings or PM me. What year, color??? Link to comment Share on other sites More sharing options...
Guest KitCarson Posted March 11, 2008 Share #45 Posted March 11, 2008 I do not know about that owners permission stuff.......I am not a lawyer and pretty dumb on some of this stuff......always treated people fairly and honest and look for them to do the same for me.....but have had one time where I did some work for a person.......judge told me Kit.....the minute you left out of their driveway......by law you extended them credit. If you go back and get your stuff.....you are breaking the law.......you are trespassing and will become subject to many charges........ Pain Tain't it!! All I do now is try to not let them sneak up on me.....if they do.....I just let steam out of my ears for about an hour and then smile and take it in stride.......write it off on taxes......about all you can do this day in age.....they have more rights than we do............something wrong with this situation......but I do not know if it is even worth fighting......I want to sometimes......just learned I really have no means to do it.......a judgement order is a joke.....once you get that you have to pay to have that served.......they avoid that too......then it is off to see the Federal Marshall.......pay more money......have them seize real property.....cart it back to the county holding area to be sold at auction........yes a real pain........so I just try not to get snuck up on. Kit Link to comment Share on other sites More sharing options...
tmodel Posted March 11, 2008 Share #46 Posted March 11, 2008 Well Captain, there is some good advise here... and some that may be a bit more on the emotional/get even side of the equation. Here is my marginal advise. 1. Spend 15 minutes with a lawyer to get good legal advice. That will cost little to nothing but might save you tons of heartache. 2. Don't part out the second bike until it is legally yours or you might experience the worst possible slap in the face: Not getting paid for your work on the 1st bike and then having to pay him for the second one ... in court!!! PROTECT YOUR GOOD NAME. He will continue to ruin his. Link to comment Share on other sites More sharing options...
WIKD Posted March 11, 2008 Share #47 Posted March 11, 2008 I have a cousin Guido, literally, and luckily hes only a phone call away. What goes around comes around. I am a firm believer in the fact that you can only build up so much bad karma before it comes back to bite you in the ass. Link to comment Share on other sites More sharing options...
Captainkirk Posted March 12, 2008 Author Share #48 Posted March 12, 2008 What year, color??? 1984, brown metallic Link to comment Share on other sites More sharing options...
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