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

Posted on 1/29/21 at 2:19 pm to
Posted by RTN
Member since Oct 2016
889 posts
Posted on 1/29/21 at 2:19 pm to
Holy shite this thread is awesome. Can't wait for another update.
Posted by lsuconnman
Baton rouge
Member since Feb 2007
5186 posts
Posted on 1/29/21 at 2:44 pm to
quote:

The guy that dropped it off and may have signed such a document didn’t legally own the bike. You cannot sign away ownership of something you don’t own


Doesn’t sound like this is the issue. I’d research the mechanic’s lien law in that state. I doubt this is the shop’s first rodeo. If they’re not working with him, they’re likely working an angle to clear the title, or they hope he doesn’t send a demand letter for the release, and hit him with a $xx/day storage fee starting the day he was notified.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 1/29/21 at 2:47 pm to
quote:

Did the guy that dropped it off sign the contract/order sheet? If so, then he agreed the shop can keep the bike until payment is received and if it's not received by certain timeframe after completion of work, then the bike becomes the property of the shop. (Not positive, but if it's valued for more than the repair, they have to try to sell it and refund the overage to the owner).

There's a state law that protects the Shop, it's right there on the picture you posted.


That's only if it "Has been left by the owner or on the owner’s behalf". Clearly that isn't the case here.


I'm short on details now because:
1. We aren't the only ones with access to the internet and this board.
2. I don't want to mess this up by blathering on the internet.

Hopefully I'll have some more details to post on Monday or Tuesday. I still have faith that this will fully go my way at this point. It just has to unfold and it's not going to happen immediately.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 1/29/21 at 2:48 pm to
quote:

Doesn’t sound like this is the issue. I’d research the mechanic’s lien law in that state. I doubt this is the shop’s first rodeo. If they’re not working with him, they’re likely working an angle to clear the title, or they hope he doesn’t send a demand letter for the release, and hit him with a $xx/day storage fee starting the day he was notified.


The shop doesn't have a leg to stand on... at all.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 1/29/21 at 3:24 pm to
quote:

Doesn’t sound like this is the issue. I’d research the mechanic’s lien law in that state. I doubt this is the shop’s first rodeo. If they’re not working with him, they’re likely working an angle to clear the title, or they hope he doesn’t send a demand letter for the release, and hit him with a $xx/day storage fee starting the day he was notified.


That ship has sailed....
Posted by BIGJLAW
Member since Mar 2013
9019 posts
Posted on 1/29/21 at 3:47 pm to
quote:

d the guy that dropped it off sign the contract/order sheet? If so, then he agreed the shop can keep the bike until payment is received and if it's not received by certain timeframe after completion of work, then the bike becomes the property of the shop. (Not positive, but if it's valued for more than the repair, they have to try to sell it and refund the overage to the owner).

There's a state law that protects the Shop, it's right there on the picture you posted

Man this is too easy. Nice job E.
Posted by The Mick
Member since Oct 2010
45124 posts
Posted on 1/29/21 at 4:56 pm to
Interesting situation for sure. BTW I’m not on the shop’s side I stand proud with the OP.
Posted by TimeOutdoors
LA
Member since Sep 2014
13437 posts
Posted on 1/29/21 at 5:36 pm to
Is there a local TV station that does investigative reporting. I think this might be something they would be interested in.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 1/29/21 at 6:32 pm to
quote:

the guy that dropped it off sign the contract/order sheet? If so, then he agreed the shop can keep the bike until payment is received and if it's not received by certain timeframe after completion of work, then the bike becomes the property of the shop.


Even if they wanted to file a mechanics lien, they couldn’t. Per MS. Law, the statute of limitations has run out on that. Their only recourse to take possession was to go through the abandonment process. That’s why they did that to the OP. That’s getting nipped in the bud.

Actually, there was another path. It may not have been legal, they tried that too. That might be the undoing.
Posted by sabanisarustedspoke
Member since Jan 2007
5875 posts
Posted on 1/29/21 at 8:12 pm to
quote:

Is there a local TV station that does investigative reporting. I think this might be something they would be interested in.





Holy shite you're right! This is a job for Nakamoto or whatever his name is.
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
63219 posts
Posted on 1/29/21 at 9:30 pm to
Think about it like a pawnshop and stolen goods. All the rights to the property go out the window the second police show up and point out the what they have is stolen. It goes back to the owner or as evidence. Pawn shop is out their money and the goods.
Posted by BIGJLAW
Member since Mar 2013
9019 posts
Posted on 1/29/21 at 11:36 pm to
I have dealt with the local authorities in Columbus before and some Attorneys. If I can remember any of them I will shoot them to you.
Posted by beachdude
FL
Member since Nov 2008
6495 posts
Posted on 1/30/21 at 12:39 am to
quote:

...local authorities...


Again. County Prosecutor. Steve Wallace.
Posted by Floating Change Up
Member since Dec 2013
13023 posts
Posted on 1/30/21 at 1:31 am to
Unfortunately, the fact that they now know the bike was stolen, any and all parts of value will be stripped from the bike before you get there.

Expect to hear a lot of, “man, it was like that when the thief rolled it up in here”.
Posted by OLDBEACHCOMBER
Member since Jan 2004
7612 posts
Posted on 1/30/21 at 5:39 am to
quote:

OT Lawyer advice needed—Stolen motorcycle recovery UPDATE page 5
Think about it like a pawnshop and stolen goods. All the rights to the property go out the window the second police show up and point out the what they have is stolen. It goes back to the owner or as evidence. Pawn shop is out their money and the goods.


One of the garage shows, not gas monkey but some other had a car that was "left" at a garage and and the shop filed a lien and got a title. They later sold it to another shop. However it was learn to be stolen when they tried to register the car in another state. The police seized the car and after certifying the vin and police report the police return what was left of the car to the owners. Shop was out of its purchase price and work they had done on the car.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 1/30/21 at 7:34 am to
quote:

I have dealt with the local authorities in Columbus before and some Attorneys. If I can remember any of them I will shoot them to you.


The folks I’ve dealt with have been shockingly responsive. It’s pretty amazing. The detective handling case was out of town this week on training so it was hard to get a lot done. That said we did communicate often.


quote:

Unfortunately, the fact that they now know the bike was stolen, any and all parts of value will be stripped from the bike before you get there.


If they try to do this, they become a “chop shop” as mentioned by a previous poster.

I’ve got pics of the bike just prior to all of this. The LE folks I’ve spoken to mentioned arrest if the bike is messed with.

I’d like to think I’ve got my ducks in a row.
This post was edited on 1/30/21 at 7:35 am
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 1/30/21 at 10:48 am to
quote:

If they try to do this, they become a “chop shop” as mentioned by a previous poster.

I’ve got pics of the bike just prior to all of this. The LE folks I’ve spoken to mentioned arrest if the bike is messed with.

Posted by Hangit
The Green Swamp
Member since Aug 2014
46861 posts
Posted on 1/30/21 at 8:30 pm to
Doing work, Baw.
Posted by BruceJender
Houston
Member since Dec 2016
687 posts
Posted on 1/30/21 at 9:17 pm to
Yep, thankfully asking for pictures was one of the first things I did.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 1/31/21 at 12:11 am to
quote:

Yep, thankfully asking for pictures was one of the first things I did


Thank goodness you did. Those pics just keep getting more and more interesting.

This is turning into some next level mystery. LOL
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