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

Posted on 2/5/21 at 1:09 pm to
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
74896 posts
Posted on 2/5/21 at 1:09 pm to
quote:

A friend sent me this post. I'm a lawyer who lives in Columbus. Also three degrees from LSU. If you need help today, let me know. Geaux Tigers!
Posted by CocomoLSU
Inside your dome.
Member since Feb 2004
156628 posts
Posted on 2/5/21 at 1:34 pm to
quote:

And just like that, we recovered a stolen motorcycle...

Well done, man. Well done.

Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 1:34 pm to
quote:

A friend sent me this post. I'm a lawyer who lives in Columbus. Also three degrees from LSU. If you need help today, let me know. Geaux Tigers!


We may need to have a chat...
Posted by CocomoLSU
Inside your dome.
Member since Feb 2004
156628 posts
Posted on 2/5/21 at 1:36 pm to
quote:

We may need to have a chat...

Posted by beerJeep
Louisiana
Member since Nov 2016
38457 posts
Posted on 2/5/21 at 1:39 pm to
quote:

We may need to have a chat...


Posted by Hogwarts
Arkansas, USA
Member since Sep 2015
18379 posts
Posted on 2/5/21 at 1:41 pm to
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69094 posts
Posted on 2/5/21 at 1:53 pm to
quote:

We may need to have a chat...


Posted by Hogwarts
Arkansas, USA
Member since Sep 2015
18379 posts
Posted on 2/5/21 at 1:54 pm to
Posted by SouthEndzoneTiger
Louisiana
Member since Mar 2008
11620 posts
Posted on 2/5/21 at 1:58 pm to
When I was younger my uncle was trying to teach me to play golf. I sucked, still do. On the golf course I was hitting balls all over the place, cussing and screaming. Then on the 16th hole par 3, I hit this beautiful shot that landed on the green. He looked at me and said, "and that's why you'll be back next week."

Well, this thread is why we come to the OT everyday.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 2/5/21 at 3:11 pm to
quote:

At the end of the day, the shop that has it gets nothing, Zilch, nada. According to the investigator, this was explained to all parties today. The OP is in no way on the hook for any charges whatsoever. They actually had a chance to get the storage fees. In my opinion they waived that when they illegally tried to extort the cost of repairs and started the abandonment process attempting to take possession of the motorcycle.

Obviously I agree the OP shouldn't be on the hook for anything, and the shop was shady.

But my question is, when someone brings a vehicle into a shop, is it some sort of standard procedure for the shop to confirm the person who brought it in actually owns it? Is there some sort of registry of stolen vehicles that they should be checking as well?

I'm just thinking in general(not this shady shop) it seems a bit unfair for the shop to just be out of money, but then I'm wondering if there's some way they should be filtering these out before they even put any work into these vehicles?
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 3:24 pm to
Don't feel bad for the shop owner. You'll understand in time.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 2/5/21 at 3:41 pm to
quote:

Don't feel bad for the shop owner. You'll understand in time.

Yea, I mentioned not them specifically, just wondering in general how it works.
Posted by BruceJender
Houston
Member since Dec 2016
687 posts
Posted on 2/5/21 at 3:49 pm to
I would think after holding the bike for almost a year they would check that at some point. I was conveniently notified the month the statue of limitations was up in Louisiana.
Posted by cable
Member since Oct 2018
9735 posts
Posted on 2/5/21 at 3:54 pm to
The shop still has a potential claim for unjust enrichment.
Posted by IAmNERD
Member since May 2017
24248 posts
Posted on 2/5/21 at 3:59 pm to
quote:

I would do the opposite, send a picture of it just sitting in the garage with the caption, "I don't even ride anymore, do you know anybody interested in buying?"

Yep tell the shop you will do them a solid and let them have first dibs on buying it.

ETA: Glad OP got his bike back. Kudos to eitek for helping out.
This post was edited on 2/5/21 at 4:01 pm
Posted by shel311
McKinney, Texas
Member since Aug 2004
112902 posts
Posted on 2/5/21 at 4:00 pm to
quote:

The shop still has a potential claim for unjust enrichment.

If true, would that be against the person who brought the bike into the shop?
Posted by cable
Member since Oct 2018
9735 posts
Posted on 2/5/21 at 4:16 pm to
It would be against the OP
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 4:21 pm to
quote:

The shop still has a potential claim for unjust enrichment.





That's only if they actually did the work claimed.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46369 posts
Posted on 2/5/21 at 4:21 pm to
I don’t understand how the shop can have a claim for unjust enrichment. Don’t they have a duty to confirm that the bike wasn’t stolen and/or the person authorizing the work can legally do so? I find it hard to believe that I can just take anyone’s car to a body shop, order a ton of work then leave them legally responsible for the bill.
Posted by cable
Member since Oct 2018
9735 posts
Posted on 2/5/21 at 4:24 pm to
Correct
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