Koolguyson Posted April 13, 2011 Report Posted April 13, 2011 Hey guys, rarely do I post, but I have an issue and I don't know how to go about resolving it. I have a guy that I did some work for about 5 years ago. He built up a bill of about 3k (still owed today) and I haven't heard from him since. I still have his bike in my shop and I am unsure of how to go about moving it. I tried calling him and he doesn't answer, I don't have his last name, and I have no idea where he lives (other than he is from out of town). So what is the legal way of going about this? I don't want his bike in my shop and he really needs to own up on some cash. Legally I know I can't part his bikes, but is there a lien process that I can go through? Quote
locogato11283 Posted April 13, 2011 Report Posted April 13, 2011 I am not sure on your state's laws but in most states you can do whatever you want with it. After so long it is considered abandoned property in which no one actually owns it. Therefore you can actually stake a claim to it since it's in your possession. What state are you in? Should be pretty easy to look up your state's abandoned property laws. I think it's safe to say that after 5 years he isn't coming back for it and isn't going to pay you for it. Quote
06specialedition Posted April 13, 2011 Report Posted April 13, 2011 I would call your local police and report it abandoned.........i bet there is just a time period, then with some paper work you should be good to go. But every state is different. Quote
Koolguyson Posted April 13, 2011 Author Report Posted April 13, 2011 I am in California, I just looked into the laws here in California and they seem to be pretty vague and the term "abandoned" is at the discretion of an official. I couldn't find a pre-designated term which qualifies a vehicle as being abandoned :/ Quote
locogato11283 Posted April 13, 2011 Report Posted April 13, 2011 Yea, I'd just do as you please with it. After 5 years no judge or court will award this guy rights to that property anymore. Here in Missouri the standard is 60 days on stuff left in a rental dwelling, which I deal with all the time. So regardless of state, I seriously doubt anyone gives a shit after 5 years. Quote
Koolguyson Posted April 13, 2011 Author Report Posted April 13, 2011 Yea, I'd just do as you please with it. After 5 years no judge or court will award this guy rights to that property anymore. Here in Missouri the standard is 60 days on stuff left in a rental dwelling, which I deal with all the time. So regardless of state, I seriously doubt anyone gives a shit after 5 years. Yeah, it's a long time. The only difference here is that it is all really nice stuff (even for being 5 years old). So if I sell it and he has rights to it still I sure as shit don't want to be stuck buying him new stuff. I am going to ask one of my neighbors who is a lieutenant and see what he says. Couple of my concerns were taxes (if I had to claim this) Or if the IRS would give me the stink eye for doing work on it without claiming it Or if I had to notify DMV and have THEM contact the owner via the VIN. Tricky business Quote
dave5.0 Posted April 14, 2011 Report Posted April 14, 2011 I would think if you did work for the guy on the bike and he hasn't paid ya or picked up the bike you should be able to sell it or whatever to get your money back. Mechanics lein. If that's the case. Back to the laws in your state. Quote
locogato11283 Posted April 14, 2011 Report Posted April 14, 2011 I think you're over-complicating the situation. Taxes, IRS, DMV?! Why on earth would ANY of those things need to be involved? Part the fucker out and be done with it. The dude has no rights to it, plain and simple. Quote
sicK Shee Posted April 14, 2011 Report Posted April 14, 2011 It's not that simple in California, what u can do is go to the dmv n fill out a lease sell form, stating u worked on the bike n that its been sittin at ur shop for w/e amount of time its been there, set the estimate price for the work done + storage fees to what this guy owes u, if he claims the bike he would have to pay u that amount or it becomes ur property if he doesn't. Saves u all the trouble, do things legally, GL bro. Quote
Koolguyson Posted April 14, 2011 Author Report Posted April 14, 2011 I think you're over-complicating the situation. Taxes, IRS, DMV?! Why on earth would ANY of those things need to be involved? Part the fucker out and be done with it. The dude has no rights to it, plain and simple. Not really. If I receive the bike for the purposes of payment, the IRS is going to want to know and get their share of taxes I'd think. Of course this is an extreme case, but if he decides to sue me, sure...it can get serious. That is the thing, I don't know if he has rights to it. You're right, if he has no rights due to abandonment, sure...no biggie. But he holds a title and I am not sure how Cali views that. The cop fella is supposed to call me back tonight. Hopefully I'll know more soon. If it all goes through and I can part it...this is what I am going to build with the $$$ Quote
locogato11283 Posted April 14, 2011 Report Posted April 14, 2011 Fuck the IRS! I'd part it and say it got stolen if he ever came looking for it. I'm sure glad I don't live in Cali. I would have sold that fucker after 30 days here. Quote
NYUK Posted April 14, 2011 Report Posted April 14, 2011 the timeframe is out of hand, not months but years, you should have done a mechanics lien 2 years ago. ask any auto mechanic u know, they can point you in the right direction. Quote
Koolguyson Posted April 14, 2011 Author Report Posted April 14, 2011 the timeframe is out of hand, not months but years, you should have done a mechanics lien 2 years ago. ask any auto mechanic u know, they can point you in the right direction. I know what you mean, but I try to avoid things like this and give people the benefit of the doubt. Times are tough, blah blah. But it's getting a little out of hand now. That is basically what Starwriter told me to do and I'll look into a lien service tomorrow to get the ball rolling. Quote
Xpress Posted April 14, 2011 Report Posted April 14, 2011 If it all goes through and I can part it...this is what I am going to build with the $$$ You DO realize that the turbine unit alone will cost you around $4500 for a Jet Cat turbine engine which will need to be converted to a shaft engine to turn a propeller (which will cost you close to double), which doesn't include the price of electronics, support equipment, or really anything, just the turbine unit alone. Total everything up and you're looking at $10-$12k for that boat, and with an inexperienced driver, you're likely going to crash it, and it's going to go down in a firey blaze. Run JetCat because they are very good with their turbine engines (unlike Wren, which also suck and have a poor usage life- most grenade on users after about 10 gallons of Jet-A). Stay well away from model turbine engines unless you know what you're doing- just FYI I'd keep the shee and ride the snot out of it- much safer than a turbine boat.... Quote
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