Legal Question

[SpinnerBait_Nut]

Ok, here's the layout.<br />Said customer brings boat in to have work done.<br />Gets work done and leaves with the promise of coming by the next day to pay his bill.<br />He never shows up.<br /><br />A year later he comes in with another boat to have some work done and dealer holds boat hostage for previous bill.<br /><br />But here is the catch, the second boat does not belong to this guy, it belongs to someone else, now does the dealer have the right to hold this "boat" ransom for the bill on the other boat?

 

[dolluper]

Re: Legal Question

No

 

[jsfinn]

Re: Legal Question

I'd say no, also. The dealer should probably get a collection agency involved to get payment from the first repair.<br /><br />If I were the dealer, I wouldn't release the 2nd boat to the guy either. I'd make the owner come in to get it.

 

[SpinnerBait_Nut]

Re: Legal Question

Originally posted by jsfinn:<br /> I'd say no, also. The dealer should probably get a collection agency involved to get payment from the first repair.<br /><br />If I were the dealer, I wouldn't release the 2nd boat to the guy either. I'd make the owner come in to get it.

js, that's just it, the owner of the second boat is kinda dis-abled and can not drive, that is why this guy is taking his boat in to have worked on, so now what's he do? He is upset needless to say that the dealer is holding his boat because of someone else's bill.

 

[Kenneth Brown]

Re: Legal Question

Nope. The first boat he had reason to place a mechanics lean on, this one he has no control over. If he witholds it then its theft.

 

[WillyBWright]

Re: Legal Question

No. Different owner deserves regular customer status. Otherwise you'd probably get a lot of negative word-of-mouth and that's never a good thing. 1 dissatisfied customer will chase away 20 prospects. If the 3rd party is aware of the hold, immediately apologize for the mix-up and explain the situation. If that bill is paid, let it go. In fact if you go the extra mile for this owner, he might just humiliate the deadbeat to pay up. Air-up the tires, top-off the fluids, charge the battery and clean the terminals, get the trailer lights working. Cheap easy stuff that costs you little and means a lot.

 

[dolluper]

Re: Legal Question

Pay the bill for the work on his {second boat] with a credit card proof , no boat back he has title and proof of payment [majorthief charge]

 

[JB]

Re: Legal Question

I'm no lawyer (I'd never admit it if I was. ).<br /><br />My sense of justice says that the third party boat is not fair game for a hostage.<br /><br />My sense of justice also says that the shop owner needs to exercise what the law gives him to recover from the first, deadbeat guy.

 

[SpinnerBait_Nut]

Re: Legal Question

That's another sticky point.<br />The boat has been there 3 days now with the promise of having it done on Friday. Customer calls in and nothing has been done, so sends man to pick it up to take somewhere else and then that is when all this shows up.<br /><br />The owner is 75 and don't understand hurry up and wait at a boat dealer, but that's beside the point, no work has been done and he wants his boat.

 

[SpinnerBait_Nut]

Re: Legal Question

Originally posted by JB:<br /> I'm no lawyer (I'd never admit it if I was. ).

Me neither JB, that's why I am asking here. <br /><br />I know I would one mad man if it was my boat.

 

[Laddies]

Re: Legal Question

If the guy signed the work order on both boats and the dealer charged both bills to the same account, the man would have to make good on the full account balance to pick up the 2nd boat I believe. That would not make me happy if the 2nd boat was mine, but in the future I might chose my freinds more carefully---Bob

 

[SpinnerBait_Nut]

Re: Legal Question

No work order was signed. Boat was just dropped off with promise of work going to be done is what I am hearing.<br /><br />I guess I will tell him that he has legal right to get his boat back and that this dealer has no right to hold it because of someone else's bill.

 

[Kenneth Brown]

Re: Legal Question

You have a point there Bob. If it ws that situation then he could hold the boat for payment.

 

[Kenneth Brown]

Re: Legal Question

SBN has got to quit posting right before I do, makes everything I say seem moot. Good luck to your freind.

 

[SpinnerBait_Nut]

Re: Legal Question

Sorry KB, my bad.<br />Man he is ready to fight right now. I told him to calm down and that I did not need this right now. Just go get your boat is what I told him.

 

[Laddies]

Re: Legal Question

SBN, I don't blame him a bit I would be mad as H/// if I was in his shoes. The dealer must be just as flustered, but if he wanted to some thing as distastfull as that he needs to brush up on the law before he does it--Bob

 

[SpinnerBait_Nut]

Re: Legal Question

Yea I have had this guy do work for me before and he is a Merc dealer so I don't know what he is thinking and I will kinda do some thinking if I need any work done to my boat again.

 

[bubbakat]

Re: Legal Question

I don't know where the boat is or what the law say there but in tenn the shop owner can't do that. I would go to the nearest judical commissnor and seek a warrent againest the shop owner, for depriving me of my property.<br /> The kicker here is then the shop owner can charge the orignal guy that owes him storage money for bringing the boat there in the first place.<br />He needs to take the guy that owes him to claims court instead of loosing future custmers

 

[SpinnerBait_Nut]

Re: Legal Question

Yea bubba, that's my thinking on this also.<br />I don't think he can hold this guy's boat because of someone else's bill that is due, or past due. He needs to take the other guy to small claims court I would think.

 

[bassman283m]

Re: Legal Question

Is there some good reason the guy won't pay his original bill? Seems to me just paying what he owes would solve the problem. Was he hoping the dealer would forget about being stiffed?