Author Topic: Willy Nilly (Read 152528 times)

crawlerdan · « **Reply #420 on:** Jan 19, 2008, 04:59:06 PM »

WRONG!!!! legal definition of "theft" is " the possesion of items, and or goods without the permission or consent of the legal owner" or something like this.

to be honest man, i went through this exact thing 2 years ago with a subaru, i won. im in oregon, but it cannot differ that much state to state.

skipnrocks · « **Reply #421 on:** Jan 19, 2008, 05:05:07 PM »

Quote from: crawlerdan on Jan 19, 2008, 04:59:06 PM

WRONG!!!! legal definition of "theft" is " the possesion of items, and or goods without the permission or consent of the legal owner" or something like this.

to be honest man, i went through this exact thing 2 years ago with a subaru, i won. im in oregon, but it cannot differ that much state to state.

Was it tough? How long did it take you to get it straightened out? Wjat were the circumstances if you dont mind spillin?

crawlerdan · « **Reply #422 on:** Jan 19, 2008, 05:10:49 PM »

Quote from: skipnrocks on Jan 19, 2008, 05:05:07 PM

Was it tough? How long did it take you to get it straightened out? Wjat were the circumstances if you dont mind spillin?

man its a long story....but basically, i paid some asshat to tint the windows on my wagon, he took the car, tinted the windows, and after i paid him, ran off with the keys to my car. so i called the police. even though he had the keys initially with my permission, he at that point had my possesions without my consent. i had him arrested until his crack wjore wife returned my keys. i win.

i realize that this is slightly different then your situation, but in the end, the definition of theft stands, he has your junk, without your permission, and will not return it. sounds cut and dry to me. infact, look at the dictionarys definition of theft:

In the criminal law, theft (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent. As a term, it is used as shorthand for all major crimes against property, encompassing offences such as burglary, embezzlement, larceny, looting, robbery, mugging, trespassing, shoplifting, intrusion, fraud (theft by deception) and sometimes criminal conversion. In some jurisdictions, theft is considered to be synonymous with larceny; in others, theft has replaced larceny.

Someone who carries out an act of or makes a career of theft is known as a "thief".

this clearly applies to what is happening with the heep

93tonkatoy · « **Reply #423 on:** Jan 19, 2008, 05:47:43 PM »

I would have to say, If he is holding your property for money not owed to him, then this could be considered blackmail or extortion. Isn't that a federal crime?

BLACKDOG · « **Reply #424 on:** Jan 19, 2008, 06:01:04 PM »

I've always felt its better to deal with stuf in person. I'd go to the courthouse, and see what you can find out in person. If you go in early, right at the beginning of the business day, you may be able to talk the receptionist into seeing if one of the city attorneys has a few minutes for you to ask him some questions.

may be worth a shot.

I'm with Dan on the theft. You may want to go in to the Police station, and ask to file a report. In both CA and NV, the only states I've dealt with vehicels, a vehicle has to be released by a shop if no money is owed.

Hell, I'd even consider having all your paperwork with you, and either arranging for a cop to go with you, or flag one down near the shop, and go in there, and ask what exactly you owe and why. If he can't produce a service slip, or produces a false one, and you've got all your paperwork, then the cop sees that he is a lying sack of

, and you should get your jeep back, and he may even be arrested for any number of things. Theft, forgery (if he falsified your signature), false documentation if he has a false service slip, and remember, if the service slip wasn't signed, it isn't legitimate, at least not in CA or NV

I'd assume Montana would be the same

Heck, best case, you coming in with a cop, he'd give up the jeep, and pretend he was never holding it in the first place, you've got proof he has, and he's screwed that way too.

Doof · « **Reply #425 on:** Jan 20, 2008, 08:19:03 AM »

BD brought up a really good point... that really blows and still get me all red faced and blood boiling

with the cop coming in off the street not knowing much about the case could scare the guy into releasing it on the spot and if that happens then still take him to court for all that stuff. just show up with your truck and trailer, maybe a cop or four and walk in with them behind you...kinda mafia style, and that might make him

his pants and buckle...

skipnrocks · « **Reply #426 on:** Jan 20, 2008, 08:29:51 AM »

LOL would be funny but the pd told me they would go with me but they cant force the guy to release it, its state law in montana that they cant get involved, I told them I could prove and had paperwork to show I dont owe the guy anything and they said that would still hve to goto court, I will probably have to goto the courthouse and see if I can talk to someone about gettign it released. I was there when someone was trying to pick up his truck that they had spent a ton more on then he thought, they claimed he sighned off on it verbally, and when they guy threatened them with cops they said to go ahead, and when he left the guy told me that the cops arnt allowed to do anything.... So he know! I think it maybe a good idea to show the paperwork to a cop and then go and ask for a service slip and then have him file a report that they couldnt provide one! Im sure that would help!

Doof · « **Reply #427 on:** Jan 20, 2008, 08:32:48 AM »

either way,

will turn good eventually for you and work out for the better

skipnrocks · « **Reply #428 on:** Jan 20, 2008, 08:54:09 AM »

Quote from: sillywilly on Jan 20, 2008, 08:32:48 AM

either way, will turn good eventually for you and work out for the better

werd!

lilbuddy · « **Reply #429 on:** Jan 21, 2008, 12:17:21 AM »

Honestly i havent read alll the posts back and i dont really want to but what im getting is its BS.

I hope everything comes out good though

skipnrocks · « **Reply #430 on:** Jan 21, 2008, 10:03:47 AM »

Thanks man me too!! Whats killing me the most right now is the waiting, they have ten days to comply before my attourney will file. So only time will tell!

jedrattle · « **Reply #431 on:** Feb 02, 2008, 10:51:54 AM »

I just read the whole thread.

I don't think I could contain myself!!!!

I hope it turns out in your favor.

skipnrocks · « **Reply #432 on:** Feb 02, 2008, 01:33:54 PM »

Yea I was so pissed, my dad stoped me when I got going and said we are going to have to solve this another way. Then the guy had the nerve to tell me he was going to work out a deal and tried to shake my hand! Bahhh LOL. He has to respond by the end of next week or my attourney is going to be filing in the court. My mom found someone else he screwed so if we goto court we maybe able to close his shop for fraudelant activities.

Doof · « **Reply #433 on:** Feb 03, 2008, 08:51:30 AM »

you went to the shop yesterday and he tried to shake your hand?

skipnrocks · « **Reply #434 on:** Feb 03, 2008, 09:05:29 AM »

No im not supposed to contact them, this was when I first went to get my rig out. Im supposed to let the laywer take care of it from here on out.

Doof · « **Reply #435 on:** Feb 03, 2008, 08:32:48 PM »

o ok, that makes more sense

NorCalToy · « **Reply #436 on:** Feb 04, 2008, 03:01:02 PM »

damn, that sucks dude, good luck with gettin your rig back.

MiniSimp · « **Reply #437 on:** Feb 04, 2008, 03:03:15 PM »

How much money is he saying you still owe him?

skipnrocks · « **Reply #438 on:** Feb 04, 2008, 06:22:34 PM »

Quote from: NorCalToy on Feb 04, 2008, 03:01:02 PM

damn, that sucks dude, good luck with gettin your rig back.

Thanks man. Got my fingers crossed.

Quote from: MiniSimp on Feb 04, 2008, 03:03:15 PM

How much money is he saying you still owe him?

You know thats the funny thing, well not haha funny but strained groin funny, but I have made a dozen + attempts to find out, at least half of those written, and they refuse to provide me with anything. I have called several times and always get the secretary teling me she thinks he has been working on it and the owner will call me back when he is in the office. Yep never happens. So I guess its for the better guy is shooting himself in the foot if this goes to court. Not only is he suspect of fraud but has violated industry standards as well as fair trade laws. And this will put the nail in it refusing to release and provide ligit documentation for it.

Doof · « **Reply #439 on:** Feb 04, 2008, 08:31:34 PM »

marky mark · « **Reply #440 on:** Feb 04, 2008, 10:23:04 PM »

wow man, I just read back a couple pages. Thats total :bull crap: . I feel for ya bro. Hope everything works out for you in the end. and BTW i'm diggin the jeep.

its badass

skipnrocks · « **Reply #441 on:** Feb 05, 2008, 09:40:18 AM »

Thanks man! I sure in the end it will be fine, just frustating! The guy has only a week left to respond or its going to the courts.

skipnrocks · « **Reply #442 on:** Feb 08, 2008, 05:05:42 PM »

Alright just a little update, not really much but I called the attourney today as it was the last day for TopTech to contact him about resolution. He said that an attourney called on behalf of the shop today and claimed that I owed his guy some money. So my attourney related that he had doccumentation that showed I dont, so they are supposed to meet late next week and go over things, so I sent him the origional agreement to take with him to the attourney and hopefully this guys laywer will talk some legal sence into his little brain.. We will see the guy has a pretty twisted sence of reality. So anyways no real headway but it is definatly a start. My attourney gave his attourney till 2-25-08 to settle this or the paperwork will be going to the courts...

Doof · « **Reply #443 on:** Feb 08, 2008, 09:33:01 PM »

je-sus that blows

skipnrocks · « **Reply #444 on:** Feb 09, 2008, 07:13:09 AM »

Yea it does but its nice to feel a little progress. Im not real excited that if its not settled next week having to wait till the 25th to file. But you know after the JA waited till the last day to submit a responce, waiting another week doesnt seem too big. I am just crossing my fingers that the mediator brains coming in will end this now.

topar · « **Reply #445 on:** Feb 09, 2008, 07:51:01 PM »

Good Luck!

Doof · « **Reply #446 on:** Feb 10, 2008, 01:57:08 AM »

for ya

skipnrocks · « **Reply #447 on:** Feb 10, 2008, 06:58:55 AM »

Thanks guys Ill keep you up to date when I find anything new out!!

*** YELLER *** · « **Reply #448 on:** Feb 10, 2008, 06:43:22 PM »

skipnrocks · « **Reply #449 on:** Feb 12, 2008, 04:51:54 PM »

Another little update. I filed with the BBB today. His shop is not only registered with the BBB but also tripple A. So this should affect them. Also my mom found someone that she goes to church with that the shop screwed. This guy when Italked to him was so happy he could testify against the shop! They quoted him for 4 grand and charged him over 8. Then come to find out that he had been billed for work that the shop didnt even do. So now I have three people to testify of being screwed and two employees that are willing to testify of integrity of the shop!! Woo hoo, my case is building stronger and stronger the longer this guy takes to give me my junk back.

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