It doesn't take a law degree in Wyoming to understand how Mechanic Liens work, if he can prove the car is his and doesn't owe money for work completed, it's a pretty simple matter. I suppose I could research Wyoming law and copy and paste the verbage for you, but it really only takes some basic understanding of liens. Siezing assets that don't belong to the person who owes you money is as silly as thinking a mechanic can place a lien on a car he sees cruizing around or at a car show.
This is not going to work out..........too many lawyers are envolved already........The courts will go where the money goes......The guy is going to be out of the car
Similar deal here in Wisc. a few years ago. Madison Corvette guru, (Capitol Corvette) was selling cars on consignment for people, big dollar cars, he was pulling all sorts of illegal shit and wound up bankrupt. He also did mech. and body work, the state came in and locked the place up and declared ALL of the contents of the building as assets of the business. The cars were sold at sherrifs auction and the proceeds went to the various places he owed money to. There were actually people there trying to buy thier cars back. It was a really sad deal for everyone involved. The owner went to prison and the sale never brought enough money to reimburse anyone for thier cars. The cars on consignment and the cars in the shop were all affected. That's how it works in Wisc., so if you ever decide to sell your classic car, Do Not give it to anyone on consignment, at least not in Wisc. I feel this one will not end good.
I know a couple of guys who did pay as you go work on rods, customs and or restorations. Both went broke as they spent more time waiting for payment with the cars stying up space then they did working on the cars. I'd still want to believe that a clear title plus receipts/ canceled checks for payment that are up to date (with a reasonable time of when the shop closed) the Sheriff will work at help getting the car back. If it shows on the books that he owes a bunch of money for work that was done it might not go so good. Getting all the parts back might be hard though. The main thing is that if he hasn't done so already he needs to get hopping at getting it back.
I don't know you so I won't be rude (although it never stopped me before!), but your description of those events sounds like urban legend or WI is a commie state. If I had clear title to my "Consigned" car they'd have to shoot me to just take it, gov't or not. Think about it...you own a 427 Vette, maye it's just a low-dollar one worth say, $50K. You goin down without a fight? Would you let ANYBODY just take your property, TITLED PROPERTY, because some jerkoff owed them money and not you? Someone either mixed up the story when it was relayed to you or I'd avoid Wisconsin at all costs. There's been hundreds of similar scenarios and all legal owners get their stuff 1st. End of story.
This is why every job that comes into our shop get an SOW (Statement of Work) BEFORE any work is started. This handy piece of paper explains the work to be performed, who is doing the work, rates, limitations, warranties, SCHEDULES, etc....Both parties are to agree to the terms and sign off on it with each keeping a copy. Makes life so much easier! I find that during the process of generating an SOW many folks realize that maybe they can't really afford to have their project done at our shop according to our work/billing speed. I don't like turning anyone away, but a little uncomfortableness upfront saves a huge pain in the ass later. I don't know how others run their shop, but I NEVER take any money up front, except maybe if am about to order a lot or parts, even then the list is made up and parts ordered as soon as the customer walks out the door. If this guy took money up front then I would imagine he was working for free trying to get out of a hole after year or less. It just happens, unless he buried the money in a lock box that three people needed to twist their keys at the same time to open....
as many have said,i would talk to the building owner first.see what he says.at the same time i would talk to the local police and see what they have to say,then go from there.before he spends stupid money on a lawer{who wins no matter what}see what kind of condition his cars in and if its worth the fight!
I think alot of the story has turned to urban legend over the years. I called the state of Wisc. and the person I talked to said that alot of misinformation was printed and that in fact the people who could prove that the cars were thiers eventually got them back. However many of the cars were sold while on consignment and the money was never given to the car owners, according to the state the money that was retrieved from the sale of the assets was distributed amongst the people and business owners that had money owed to them. I apoligize for stating gossip as fact, I should know better. Thanks for going easy on me. In regards to the original post, I still have a bad feeling as far as the outcome.
Because the body shop owner is BK, the building owner gets body shop's books and evaluates how much work is done vs. how much has been paid then the building owner decides if the car should be returned?? I don't think the building owner has access to body shops's books. What makes the building owner an expert of percent complete vs. percent paid? The car is not a direct asset of the body shop company. The body shop owner would have make the lien on the car, since the customer did business with the body shop, not the building owner. I'm sure if the car owner proves the car is his, the property owner will return the car.
Wow..if that were really the case there would be a lot of bodies to bury.. and a bunch of law suits.. Reading back i agree with The Highlander If you can prove its yours and have title to it..no one owns it but you.. a building or shop owner cant lay claim to it.. the shop may lay claim to work done on it and not paid maybe, but they cant "own" your property. Or sell it without your consent..legally
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