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OT Lawyer advice needed—Stolen motorcycle recovery, bike secured NEW UPDATE p.35

Posted on 1/14/21 at 10:08 pm
Posted by BruceJender
Houston
Member since Dec 2016
620 posts
Posted on 1/14/21 at 10:08 pm
A few years ago I had my motorcycle stolen from my college apartment. Filed a police report and hadn’t heard a thing in years. Today I get a call from a BRPD detective saying they found it in Mississippi. It was dropped off for repairs and then never picked up. They went to go sell it and discovered it was mine.

The detective tells me that I should handle it with the wrecker shop, so I call them and tell them I’m willing for them to sell it and we can split the profit minus the repairs so I don’t have to deal with it and everybody wins. The lady comes back and says “no can do” and that if I want the bike back, I need to pay the $2,000 bill. She pretty much said “yeah it’s not worth your time, we’ll handle it. Sorry.” At that point, I asked to see the invoice and she said that if I decide to keep it, that it would be nice to compensate her for her time. WTF. Doing more digging, I see she doesn’t work for the wrecker company and is an account manager for an insurance agency. I understand them not footing the bill, but I gave them a good way out and they declined it. I’m going to call the police department in the jurisdiction in Mississippi tomorrow but figured I would let the brilliant minds of the OT also offer advice.
This post was edited on 4/9/21 at 8:51 am
Top Replies
Posted by eitek1
Member since Jun 2011
2123 posts
Posted on 4/9/21 at 8:22 am to
Here you go kiddos... There is a LOT of other stuff to this and I can answer questions. Here are the facts.

Main Characters
BruceJender – Original owner of the motorcycle
Karen – Wrecker service “point of contact” and Woman who “handles the legal work” for the shop
Terry – Shop proprietor and possible motorcycle thief
Eitek1 – Narrator

Pertinent facts
• BruceJender was the original owner of the motorcycle when it was stolen in 2014.
• Terry has been in possession of the stolen motorcycle since at least 27 Dec 2016.
• At some point between 27 Dec 2016 and 3 Sep 2018 the motorcycle was changed in appearance from red to blue. The configuration of the motorcycle hasn’t changed from 2018 to the present.
• Karen is a licensed insurance agent and is representing the shop or Wrecker Service or both in the attempt to receive payment for repairs that were never done.
• The Wrecker Service and the Shop are housed in the same building/complex.
• When the stolen motorcycle was recovered it was recovered with a current, up to date license plate. This plate indicates the motorcycle is registered in Mississippi to “Karen” wife of the Wrecker Company
owner.
• The invoice submitted to the original owner (BruceJender) is fraudulent because the work described in the invoice never happened.
• The fraudulent invoice was mailed on two separate occasions via USPS certified mail.
This post was edited on 4/9/21 at 8:24 am
Posted by eitek1
Member since Jun 2011
2123 posts
Posted on 4/9/21 at 8:23 am to

Dec 2014 – 2007 Yamaha R6 motor cycle owned by BruceJender is stolen in Baton Rouge, Louisiana. The Baton Rouge Police Department filed a report and registered the bike as stolen in the NCIC database. After the first year, the NCIC stolen status of the bike is not updated and it is removed from the database.

14 Jan 2021 – An officer with the Columbus Police Department traveled to the Shop/Wrecker service to validate the Vehicle Identification Number on the Stolen Motorcycle. The Columbus PD leaves the stolen motorcycle in the possession of The Shop/Wrecker service.

14 Jan 2021 – BruceJender is informed by the Baton Rouge Police Department that his stolen motorcycle has been located in Columbus, MS and is being held by The Wrecker service. BruceJender is given instructions to contact The Wrecker service to retrieve his motorcycle.

14 Jan 2021 – BruceJender contacts Karen, who is the point of contact for the Wrecker service about recovering the stolen motorcycle. At this point, Karen informs BruceJender that there is an outstanding balance for repairs made by the Shop on the stolen motorcycle and that BruceJender is responsible for paying for those repairs. BruceJender offers for Karen to sell the stolen motorcycle pay for the repairs and each party could split the profit. Karen declines the offer.

14 Jan 2021 Karen emails BruceJender the invoice showing the repairs made. The person listed on the invoice whom dropped of the motorcycle for repair in February of 2020 is listed as Danny Smith. Coincidentally, the Columbus PD investigator knows Danny Smith.

15 Jan 2021 BruceJender contacts the Lowndes County Sheriff dept. pertaining to the recovery of the stolen motorcycle and awaits a call back. The call is never returned.

21 Jan 2021 – A call took place between BruceJender and Karen pertaining to the charges listed on the invoice. BruceJender expressed that he would not pay for the repairs listed on the invoice. Karen informed BruceJender “You don’t own the bike. If the repairs aren’t paid for, I’ll sell the motorcycle without the title”.

23 Jan 2021 – BruceJender received a Certified Letter from Karen on behalf of the Shop outlining the repairs made which included an administrative fee. An invoice is included and BruceJender’s name is on the invoice in the place of Danny Smith. The letter also states that per Karen, the bike is considered by her to be abandoned and the official abandonment process has been started on the vehicle. Karen, the Wrecker service or the Shop is attempting to take legal possession of the stolen motorcycle.

23 Jan 2021 – BruceJender contacted the Columbus PD about recovering the motorcycle and was given little information on how to recover his property.

24 Jan 2021 BruceJender contacts Eitek1 and requests assistance recovering the stolen motorcycle. Eitek1 agrees to recover the stolen motorcycle on his behalf.

26 Jan 2021 BruceJender grants power of attorney to Eitek1 to act on his behalf in the recovery of the stolen motorcycle.

26 Jan 2021 Eitek1 contacts the Columbus PD and learns that Columbus PD Investigator is assigned to the case. The Investigator is out of town on training and won’t be available to work the case until 1 Feb 2021.

29 Jan 2021 Eitek1 sends “Cease and Desist” letter to Karen via USPS Certified Mail to stop the abandonment process on the stolen motorcycle. The USPS loses the letter in transit. As of 9 Mar 21 the letter is still “in transit”.

2 Feb 2021 The Investigator travels to the Wrecker service / Shop, visually inspects the stolen motorcycle, takes pictures and leaves the stolen motorcycle in possession of The Wrecker service / Shop.

3 Feb 2021 The stolen motorcycle is seized from The Shop/Wrecker service by the Columbus PD and stored.

5 Feb 2021 Eitek1 meets up with The Investigator in Columbus, MS, recovers the stolen motorcycle and returns to Louisiana.

5 Feb 2021 BruceJender discovers an Instagram video showing Terry (shop owner) with the Stolen Motorcycle. This suggests that Terry has been riding the motorcycle.

5 Feb 2021 Eitek1 searches Facebook and finds a profile for Terry which shows pictures of the stolen motorcycle in its current blue and black configuration from December 2018. (This proves that the claim that the bike was repaired by the shop in 2020 is fraudulent.) BruceJender spots another picture under the same profile that shows the bike in the same condition it was in when stolen (red and black). The picture has a timestamp from 2016. This proves Terry was in possession of the stolen motorcycle and has been riding it as his personal motorcycle as far back as 2016. (This is the "left turn" I mentioned in the thread)

5 Feb 2021 Eitek1 informed The Investigator of the existence of Terry’s Facebook page and how it created a discrepancy in the story provided by Terry and Karen. The Investigator has a link to a timestamped photo on Terry’s social media which proves that that Terry and Karen are engaging in fraud and possible vehicle theft/Possession of stolen vehicle(s).
Posted by eitek1
Member since Jun 2011
2123 posts
Posted on 4/9/21 at 8:23 am to
8 Feb 2021 While preparing to jump start the motorcycle to validate it runs, Eitek1 removed the seat and found a current Mississippi motorcycle license plate under the seat. This license plate is registered to the stolen motorcycle and lists Karen as the owner.

17 Feb 2021 Karen sends another demand for payment for the repair of the motorcycle via certified mail to BruceJender. In addition to the charges on the previous demand for payment, an additional $1,500 dollars in storage fees were added to the total. These charges are fraudulent because the stolen motorcycle was in Eitek1’s possession during most of the time the Shop claimed it was being stored. This is more proof of fraud.
The letter also asserts the stolen motorcycle is going up for auction on 8 Mar 2021. This indicates Karen has already applied for an abandoned title based on the fraudulent invoice. This application requires and affidavit to be filed about the nature of the motorcycle. This indicates another instance of fraud.

3 Mar 21 Eitek1 calls Terry and discusses the motorcycle and the current situation. Terry incriminates himself.

3 Mar 21 Eitek1 Calls Karen and discussed the motorcycle and invoice. Karen also incriminates herself on the call.

Eitek1- records both calls. (this is legal in both states as long as one part on the call knows it's being recorded)

The law enforcement agencies that are in possession of this information are; the Columbus PD, the MS Attorney Generals office and the U.S. Postal inspectors.
As of 9 APR 21, no action has been taken.


All Replies (846)
Posted by JonTigerFan11
Member since May 2016
865 posts
Posted on 1/14/21 at 10:10 pm to
This is trashy. Call Juan LaFonta.
This post was edited on 1/14/21 at 10:11 pm
Posted by weadjust
Member since Aug 2012
15080 posts
Posted on 1/14/21 at 10:11 pm to
Did you file a claim and get paid for the stolen motorcycle from the insurance company?
Posted by BruceJender
Houston
Member since Dec 2016
620 posts
Posted on 1/14/21 at 10:12 pm to
Yeah important note, I was a broke college kid and only had liability so I ate the full cost when it was stolen
Posted by weadjust
Member since Aug 2012
15080 posts
Posted on 1/14/21 at 10:14 pm to
I would go pick it up and say thanks for fixing it see ya
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34938 posts
Posted on 1/14/21 at 10:14 pm to
I think you’ll have to sue the person that dropped it off.
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 1/14/21 at 10:15 pm to
Tell them they’re knowingly withholding stolen property from the rightful owner which is a crime in Louisiana and Mississippi and you’ll report them for possession of stolen property.

Posted by BruceJender
Houston
Member since Dec 2016
620 posts
Posted on 1/14/21 at 10:29 pm to
I mean is it really that easy? Do they have no legal standing at all to fight me for that bill?
Posted by piratedude
baton rouge
Member since Oct 2009
2496 posts
Posted on 1/14/21 at 10:34 pm to
in La. they would have a mechanic's lien, but i don't know whether your ownership plus it being stolen trumps their lien.
Posted by BruceJender
Houston
Member since Dec 2016
620 posts
Posted on 1/14/21 at 10:52 pm to
The email I received when I asked to see the invoice. How can someone be this out of touch?

This post was edited on 1/14/21 at 10:55 pm
Posted by Otto Scorzany
Member since Nov 2020
1027 posts
Posted on 1/15/21 at 12:51 am to
Call a Mississippi lawyer.
Posted by FreeState
Member since Jun 2012
3162 posts
Posted on 1/15/21 at 1:13 am to
Where in MS?
Posted by TigerOnTheMountain
Higher Elevation
Member since Oct 2014
41773 posts
Posted on 1/15/21 at 1:20 am to
She’s trying to extort you for more money

Go and get your bike, do a burnout in her parking lot, and yell geaux tigers as you ride off into the sunset.

Don’t pay her a dime.
Posted by OldHickory
New Orleans
Member since Apr 2012
10602 posts
Posted on 1/15/21 at 1:32 am to
When people try to screw me over, I go scorched earth. Get your bike and tell them to F off.
This post was edited on 1/15/21 at 1:38 am
Posted by TigerOnTheMountain
Higher Elevation
Member since Oct 2014
41773 posts
Posted on 1/15/21 at 1:34 am to
I’d hire an attorney just to sue her for my attorney fees.
Posted by KickPuncher
Member since Jun 2020
754 posts
Posted on 1/15/21 at 6:15 am to
quote:

I’d hire an attorney just to sue her for my attorney fees.

That is actual revenge.

In fact, maybe even talk to the MS cops and tell them she was, as the other guy said, knowingly withholding stolen property and trying to extort you to get it back. frick these god damn clowns. Bet you can tell her cultural history is made up of college participants.
Posted by BrushyCreekCajun
N-LA
Member since Nov 2016
294 posts
Posted on 1/15/21 at 6:17 am to
Sounds as though this “repair “ shop be in on the whole thing.
They seem shady AF
Posted by NoSaint
Member since Jun 2011
11266 posts
Posted on 1/15/21 at 6:34 am to
Yea- you offered to make them whole and then a profitable way forward together.without ever actually making yourself whole.

Her reply would cause me to pursue an outcome that is only good for myself and hope that it’s particularly inconvenient for them
Posted by NorthEnd
Member since Oct 2007
2141 posts
Posted on 1/15/21 at 6:36 am to
I think they’re full of shite. Nobody dropped that off. They got busted and are playing it off and extorting money from you. Tell them they’re in possession of stolen property and show up with the cops—or—what people like them understand—have the man in the suit pay them a little visit old school style.
Posted by Pvt Hudson
Member since Jan 2013
3534 posts
Posted on 1/15/21 at 6:36 am to
quote:

A person is guilty of possession of stolen property or receiving stolen property under Mississippi law if he intentionally possesses, receives, retains or disposes of stolen property. Mississippi law requires that a person charged with receiving or possession of stolen property either (1) know that the property is stolen, or (2) have reasonable grounds to believe that the property is stolen.


Crowley Law Firm

Go pick up your bike. Call the cops if they refuse to release it.
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