Okay,,, sort of off topic, but you guys always have good advice and point of view. a couple years ago I was working on a project for a guy, Long story short, the car left my shop, some of the parts stayed, I got stiffed for several hundred dollars. I hounded the guy for about 2 months with no response, after which I just kinda wrote it off. After a year of not hearing from him, I sold his parts for the exact amount he owed me to repay what he owed me (stuff was in the way anyhow) fast forward to yesterday. I get an email out of the blue from the guy (2 years later almost) asking when he can come pick up his parts? I write back saying, "sorry, stuff got sold to repay what you owed me". This morning I get an email saying that he paid three grand for said parts and is demanding I send him a check for the balance (the three grand minus what he owed me). I'm a bit worried because the guy is a bit of a loose nut, and I know he's done some shady workers comp claims and what not in the past, so I'm a bit worried about where I stand legally, like I might have 'eff'd up? Any advice would be great! thanks.
I would tell him that he owes you a $200 per month storage charge so that works out to be $4800 so he ows you $1800.
I say after 2 years, **** him. No one would just hang on to his parts indefinantly just for the hell of it. There has to be some sort of law protecting you in this. You may want to consult a lawyer. As much as I dislike them they are usefull sometimes.
well, the shop was my garage, and the customer was an aquaintence, so there was never anything disclosures or work orders of the sort.
Have asked a lot of legal advice from a lawyer friend of mine and his answer is always the same: "Would any level-headed judge or jury really say you owe him?" I wouldn't worry about the legality of it, as you can prove he had debt outstanding and can produce receipts to prove it. I would worry about him being a "loose nut" as you put it. I would simply start by sending him an invoice for what he owed you plus a reasonable interest rate on it. Make sure you have do***entation of what you sold his parts for and just hang on to the papers. What he paid for the parts is NOTHING to you, what they were worth to him is NOTHING to you. Keep everything do***ented and get a baseball bat. By all means, if the guy starts to threaten you in any way, file a report! They aren't going to go arrest him, but if they have a report, then the behavior continues, you have already built a trackable case to go with your do***entation of debt and sale and blah blah blah.
Advice: Do not answer further emails. If he calls, just tell him to send you a notarized letter via certified mail, and to explain what it is he wants, and you will have your lawyer contact his lawyer (even if you don't have one now). Basically, ignore him.
Our project build contracts clearly state that "all parts left 30 days after a project leaves our shop become the sole property of CCC to dispose of as they wish" It works and keeps our lot free of rusty replaced parts. This may not help your situation NOW, but it will help you in the future. I say tell him of the "storage fees" incurred after two years, the fact that his parts were sold to pay a balance owed and that you owe each other nothing and leave it at that. Always get EVERYTHING conceivable in writing before accepting a new project and a down payment. Customer's memories tend to get cloudy quickly when they don't sign a detailed contract outlining EXACTLY what they will get for their money. Sounds like you need a copy of our "new project" and "project delivery" paperwork. Let me know and can send you a copy.
Well, first off...is there a "shop" with "customers"? I dont think you can get honest opinions if nobody knows the story. If it is that way, with a phone number and an open/closed sign in a window somewhere....fine. If not, then I dont know where you stand. So many people on here seem to talk about stuff at thier shop (thier driveway) with customer cars (thier friends old truck) and all thier "builds" they have done (change the tires to wide whites and add lake pipes). Puffed out chest stories of half truths. So, which is it? If he is a loose nut, and you are taking paying jobs in in a residential garage, with no registered biz/insurance etc...and this guy blows the whistle somehow, he might be the least of your concerns.
haha,, not a loose nut in the respect that he'd come after me, loose nut in the tense that he'd fabricate a bunch of lies to the point where he'd believe them himself and then come after me with a lawsuit. As far as me selling the parts, I dont' have any paper work on that, but I could come up with a bill of sale seeing as the guy I sold them to is a professional aquaintence. I do however have all my saved emails of the guys saying "oh, I'll drop off a checks on (fill in the date)" which never happened. When I did sell them though I sold them for what he owed me, I knew I could have gotten more for them, but that to me that seemed a bit unethical, I just wanted what he owed me for work he allready collected.
No No,, not a "shop" I know,, people throw that term around loosely including myself, it was (I don't live there anymore) my large garage at the time. now I have a tiny garage and don't do anything for anyone out of it. At the time I only did a couple side jobs for other people anyway, I wasn't cranking out a side buisiness like a lot of people do. There were never any contracts or anything. I know at the time he did stiff some other people in his real business (taking money and not delivering product), and if he had at least talked to me about things there would have never been a problem, the the guy became completely unreachable. But yeah, it "was" my personal garage, and no,, I wasn't taking jobs in off the street,, just a couple side jobs (like one every other month, maybe) for people that I knew.
You gave him all his parts when he picked up the vehicle. Done deal. Your word against his. Now, ERASE THIS THREAD!!
The parts are abandoned after a "Reasonable" amount of time. Seems reasonable to me. Let him sue you in small claims if he want's to.
as the law will see it..your word against his..done deal..you got nothin' possesion is 9/10ths of the law..you have no possesion of said items. never had ,,gave them back when the car was picked up. over done ..gavel hits the wood block!
I am no lawyer, but personally, I would respond back to him in writing, e-mail or letter very cleary and concisely without emotion or judgement what your open and honest position is, including the fees for your storage (which you have so far waived, but reserve the right to be compensated for if necessary) and 30 days ownership which is common and standard practice. Your side of the story sounds perfectly reasonable and I don't think he has any case whatsoever. But, I would only respond this once and again very clearly, professionally, reasonably sounding and then finish if by stating that you consider the deal finished a long time ago and that any further communication should be done via certified mail as previously suggested and your lawyer will respond. And if he does do that, do get a lawyer, pay him a few hundred bucks to write a letter and let him/her deal with it. If the guy does get threatening, file a report and keep records - all standard small business stuff really. Good luck with it though. My guess is that it will blow over and go away - seems rediculous.
Use Clinton theory what?? I didnt inhale I never had *** what cigar that spot was there first parts I dont have any stinkin parts should work
ehh,, I told the guy that I sold them so that wont really fly, besides, I'm not going to lie about it. I feel like it was all just as far as the lay of the land goes, just worried that it wasn't "legal" so to speak.
yeah, what is the deal with the thirty day ownership thing,, I've heard of that before? I mean,, if somone leaves something on your property regardless of what it is, without any agreement what is supposed to happen???
his word against yours. I know you want to do the right thing just by reading your posts, you were born and or rased with a concience..thats a good thing and hard to find these days. But really now, who is this guy fooling? he left **** for you to kick around for 2 years? where did he get his brain from? a crackerjack box? If these parts were so important to him than he should have done somethin about it 2 years ago. you were in the right to do what ever you did with them and should not feel bad at all about it. seems this guy wanted free storrage for his ****. charge him what ever you feel is fair for the storrage and like the before post about doing it all in registered nicely emotionally detached is a good idea, no matter what you said to him..he made the mistake and ***umed you were going to keep that suff for him until he felt like dealing with it. doesnt sound fair
Ther is a guy on the H.A.M.B. goes by Lucky Strike that is a lawyer pm him for advice, maybe he can help. I don't know for sure but I think there are laws about resonable times you have to keep stuff and 2 years is more than resonable.
Was one of the items a China cabinet? If so, there's another in my garage that you can have to replace it. That has become the most expensive China cabinet I have ever owned without purchasing. Point being, don't get into business with aqaintences, what is no big deal to them shoots you in the foot, and vice versa.
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