Legal Question

rodbolt

Supreme Mariner
Joined
Sep 1, 2003
Messages
20,066
Re: Legal Question

if he signed the work order you may have a legal standing. consult an attorney.
 

SpinnerBait_Nut

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Re: Legal Question

bassmanb, don't know what the deal is with the other guy, and I think that is a mute question as this guy's boat has nothing to do with that deal, I would think.<br /><br />rodbolt, as far as I know, nothing was signed, just a promise to do the work.<br />Like I said, I am just getting it from the boat owner.
 

bubbakat

Captain
Joined
Oct 29, 2002
Messages
3,110
Re: Legal Question

I know one thing as long as that mans boat stays at hi place without the owners consent the shop owner is responsible for any and all damage occured to it.<br />There is no way he can put a claim on this boat.<br />If this was true I could get any ones property and hold it for ransom because john doe owes x amount of dollars.<br />I wish I could get into this type of set up some times. I sure would make some one set up and take notice.<br />We had a simlar deal here with a good business friend of mine and I had to go and escort him to our county lock up so he could post bond.
 

bassman283m

Seaman Apprentice
Joined
Dec 23, 2004
Messages
31
Re: Legal Question

Has the shop owner been shown proof that the boat belongs to someone other than the theft of service guy? Seems to me that before starting a court case, the real owner would send someone who HASN'T stiffed the dealer, SBN maybe, with the title and get the boat back.<br /><br />All the dealer knows is that a guy who walked without paying a year ago now brings in another boat for service claiming it belongs to somebody else. If I was the dealer, I would assume I'm not going to get paid for this one either. Maybe if he had evidence of ownership by someone else, he would be willing to release the boat. I'm not going to get into whether he has a right to hold the boat or not since I don't know the law.<br /><br />If the object of this exercise is to force the dealer to turn the boat over to the guy who robbed him a year ago, then I suppose a court case is the way to go.
 

Fly Rod

Commander
Joined
Oct 31, 2002
Messages
2,622
Re: Legal Question

:) Being a philidelphia lawyer and living all my life in Massachusetts, with the unhonorable ted kennedy and the big dig mess where you have to wear a life jacket to go through the tunnel I'd have to say
 

snapperbait

Vice Admiral
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Aug 20, 2002
Messages
5,754
Re: Legal Question

Call the Sheriff dept.. Explain the situation... Request an officer come down and meet ya'll at the mechanics shop.. Pick up the boat..
 

KaGee

Admiral
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Aug 14, 2004
Messages
7,069
Re: Legal Question

I know you all do business differently down there sometimes, but up here the boat would never leave the yard without the bill being paid. Guess the dealer has learned an expensive lesson. What ever rights he has to go after the unpaid bill, he surely should excercise. But this deal here will get him nothing but bad publicity at best and trouble with the law at worst.
 

deputydawg

Lieutenant Commander
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Aug 29, 2004
Messages
1,607
Re: Legal Question

The first boat should have never left the shop without the bill paid or arrangements made...only if that is the custom of that shop. Technically a shop can not hold property until the bill is paid. The proper way is to file a mechanics lein against the property. Then they might be able to hold the property. It would have to go to court though to prove the bill was not paid, then the shop could act on the lein. <br />The second boat can not be held for payment of the bill. It is surprising how often things like this happen and end up in civil court. The shop could refuse service on the second boat until the bill is paid though. The shop needs to get this into court to get their money. If they wait too long though, no money will be awarded.
 

achris

More fish than mountain goat
Joined
May 19, 2004
Messages
27,468
Re: Legal Question

In Western Australia I think the answer would be 'yes'. The customer (first boat) is 'legal guardian' of the second boat, the therefore the shop has a lein on it for the first bill. In W.A. the law protects the shop, the first boat should never have left the shop without the bill being paid. I had a rule in my shop, Not money, no boat. I didn't care if it was the weekend and he had a big trip planned! No money, no boat!<br /><br />Chris........
 

sue5878

Petty Officer 3rd Class
Joined
Mar 30, 2005
Messages
91
Re: Legal Question

achris<br /><br />I think the position in West Oz is the same as DeputyDawg mentioned. The Lien would attatch to the first Boat. If the owner took the first boat without permission, he could be charged with stealing his own property, as someone else(shop) has an interest in the property.<br /><br />Interesting thing is that this does occur reguarly, even in West Oz.I suspect that it is not stealing (2nd boat), as to prove stealing you need to prove an intent to permently deprive the owner (or one of several other definitions that are not relevant to this). <br /><br />It would end up in the local court probably small claims depending on amount.<br /><br />Not to sure of the definition of Grand theft so cant help on that one, but I'd love to know if the story is true on ownership.<br /><br />By the way family gave thumbs last night<br /><br />Neil
 

SpinnerBait_Nut

Honorary Moderator Emeritus
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Aug 25, 2002
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Re: Legal Question

I have the ownership papers with me this morning and intend to go pick boat up for this guy. He is not able to do this himself and the other fellow has to take him where ever he needs to go, hence him taking this guy's boat to get it worked on.<br /><br />I do know that you can not hold someone's property for a bill that someone else has with you.<br /><br />I don't think the fellow number1 told anyone that the boat belonged to someone else and dealer may have assumed that it belonged to fellow number1.
 

achris

More fish than mountain goat
Joined
May 19, 2004
Messages
27,468
Re: Legal Question

I guess that would then depend on whose name the boat has been booking in under....<br /><br />If the boat is booked under the guy who didn't pay the orginal bill, it could get real messy.<br /><br />0.02
 

rodbolt

Supreme Mariner
Joined
Sep 1, 2003
Messages
20,066
Re: Legal Question

hello<br /> if and only if the workorder is signed and worded correctly you may keep the boat until the bill is paid but only on the boat that the bill is owed. that is why I have a no cash no splash rule and all work not picked up in 10 days from notification of completion will be subject to a 20 dollar per day storage fee. all boats not being paid in full by 6 months may be subject for sale at auction. does not matter who brings it if the work order is signed. ownership is irrelevent. that prevents joe schucks friend from dropping a boat or car or anything else off and then joe schmuck goes back and says hey it was not his its mine and I want it. if the workorder is not signed you cant collect squat.<br /> sometimes I will do a small job without a signed work order but only for those I know and trust. after almost 30 years of auto and marine repair I had an attorney draw up my work orders. but if money is owed on boat X and the guy wants to pick up boat Y ,which is not on X's order ya have to release it.
 

SpinnerBait_Nut

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Aug 25, 2002
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Re: Legal Question

Ok, just got back from boat dealer.<br />I have to quit doing this crap.<br />Anyway, confronted dealer to find out what was going on and he said #1 customer owed him 600 bucks on a motor that went on his boat, 4 years ago<br /><br />I said, ok, what does this have to do with #2 customer's boat?<br /><br />He said nothing but the bill would be paid before #2 customer's boat left there.<br />This with no work being done at all on second boat.<br /><br />I told him I did not think he could do that legally and he said, do what you want, but it stays here till that bill is paid and he walked off.<br /><br />Well, I gets back in my truck and get the cell phone out and call the county mountys up and have a deputy meet me there and explain the problem to him.<br />He calls #2 customer and ask his name etc. I show him paper work for #2 customer's boat. <br /><br />He walks inside and ask to see the bill that this money is owed against, and low and behold, dealer can't find it but knows how much it was, this after 4 years. I can understand maybe him not being able to find bill, but he should have had all his taters in a row before making this call.<br /><br />Deputy informed him that since due bill had nothing to do with this boat and since no work has been done to this boat, he advises him to release boat to me and seek other ways to collect his money.<br /><br />So, I got boat and took it back to #2 customer and informed him what was really going on and that for him to locate him another means of getting his boat to the shop and to tell his deadbeat pal, to pay his bill. End of story.
 

snapperbait

Vice Admiral
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Aug 20, 2002
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Re: Legal Question

Good job, SBN..
emthup.gif
 

NYMINUTE

Captain
Joined
Oct 6, 2003
Messages
3,298
Re: Legal Question

No, title will clear boat for real owner, provided it is not his wife and he is not on the title. If were the owner, I would open a can of whoop a$$, and ...............
 

bubbakat

Captain
Joined
Oct 29, 2002
Messages
3,110
Re: Legal Question

Way to go spinner. There is just reward out there waiting for you some where.
 
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