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

Posted on 2/5/21 at 4:27 pm to
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 4:27 pm to
They tried to push the issue after the OP offered a sweetheart deal and were left with nothing. If they double down they REALLY won't like the outcome.

If they were smart, they'd let it go.
Posted by BruceJender
Houston
Member since Dec 2016
687 posts
Posted on 2/5/21 at 4:27 pm to
They also declined my more than fair initial offer which would have made them whole, but they decided to be greedy.
Posted by weurf3
nola
Member since Jun 2004
1231 posts
Posted on 2/5/21 at 4:35 pm to
When does the tell all go to publication?
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 4:37 pm to
I was going to write it by tomorrow but this may not be over. I'll write what I can to a point that should satisfy most questions.
Posted by cable
Member since Oct 2018
9735 posts
Posted on 2/5/21 at 4:44 pm to
OP could counterclaim for trespass to chattels a d probably win. Just making an observation.
Posted by Le Tenia
Member since Feb 2015
4965 posts
Posted on 2/5/21 at 4:55 pm to
quote:

I was going to write it by tomorrow but this may not be over. I'll write what I can to a point that should satisfy most questions


Haha...this is big dick, son! Nice work! I hope they get everything they deserve.
Posted by SECdragonmaster
Order of the Dragons
Member since Dec 2013
17446 posts
Posted on 2/5/21 at 5:15 pm to
yes!!!!!!!!!!!!!!!!!
Posted by Uncle Stu
#AlbinoLivesMatter
Member since Aug 2004
33865 posts
Posted on 2/5/21 at 5:15 pm to
quote:

That's only if they actually did the work claimed.


Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 5:19 pm to
Someone is paying attention.
Posted by Wiseguy
Member since Mar 2020
4073 posts
Posted on 2/5/21 at 5:44 pm to
The gift that keeps on giving....
Posted by Uncle Stu
#AlbinoLivesMatter
Member since Aug 2004
33865 posts
Posted on 2/5/21 at 5:46 pm to
I'll take a shot at this one....

Key points I picked up on:

-They've had possession of the bike for the better part of a calendar year
-They conveniently waited to make contact the same month the Statute of Limitations runs out
-They dismissed the notion of tracking down the individual who supposedly dropped off the bike, as if they already knew that was a dead-end.

If they are a auto shop/wrecker service/impound lot, then they surely have a direct link to whatever database is out there for stolen vehicles. Nobody dropped off the bike, it was never in need of "repairs".

(1) Someone they either know or dont know sold them (maybe just dropped off) the bike, cash under the table, without paperwork.

OR

(2) They towed the bike from private property, a parking lot, an apartment complex, etc.

Within 10-14 days, they knew it came back stolen. They kept it, thought they could play the system, wait it out and turn the bike around once they got a new title. They dummied up an fake invoice under a customer's name they knew couldn't be tracked down (because he doesnt exist). It was their version of leverage to get him to legally release the bike, as there was no way to get a new title with that VIN otherwise.


Posted by Lonnie Utah
Utah!
Member since Jul 2012
34565 posts
Posted on 2/5/21 at 5:49 pm to
Posted by drat
Member since Oct 2017
3 posts
Posted on 2/5/21 at 6:39 pm to
Interestingly enough I learned all I ever wanted to know about stolen motorcycles this year!!!

I had a motorcycle stolen while temporarily living in Missouri (registered in Louisiana) in 2013. Was only liability covered as it was about 6 years old at the time.

Interestingly, moved back to MO and was informed this year that motorcycle recovered after state police chase. Kicker is it was sitting in tow lot over year before I was contacted. Lots of opinions and experts here have no clue what they are talking about. Reality is that I had to pay significant amounts of money to get bike back (sentimental reasons) and am now dealing with titling issues.

Biggest lesson I learned that I am sure that criminals take advantage of, after 4 years vehicles are automatically taken out of the national stolen registry. This is part of the reason for all the hassle and reason I was not contacted. When the motorcycle was recovered after the chase, it was never considered "stolen" because it was not in the registry. I could go on for days as to how stupid the system is. If googled you may find a local television report and our attempts to get legislation improved.

Additionally, the person was not ever prosecuted for the theft even though it is an open/shut case of being caught with a stolen motor vehicle (because it was not listed "stolen").

Unfortunately every jurisdiction (state, local, attorneys) had blown me off (minus a great state police officer) as far as assisting me getting my stolen property back. They essentially told me to go buy your stuff back from the tow lot and that is what I ultimately had to do.
This post was edited on 2/5/21 at 7:39 pm
Posted by NashBamaFan
Nashville
Member since Mar 2011
3134 posts
Posted on 2/5/21 at 7:10 pm to
Just give them a quick call asking if you need to do any particular “breaking in” of the engine as they did just repair it. When was the last time this was adjusted?!

Not illegal, and it’s for your own safety to know what was/wasn’t done to the bike.


And record all calls. For the OT, of course.
Posted by NoSaint
Member since Jun 2011
12692 posts
Posted on 2/5/21 at 7:14 pm to
quote:

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?



Could get a variety of info about ownership or secure a payment method prior to doing work
Posted by NashBamaFan
Nashville
Member since Mar 2011
3134 posts
Posted on 2/5/21 at 7:15 pm to
Who in the frick downvoted this man?! Where are you? I want to fight you.
Posted by NoSaint
Member since Jun 2011
12692 posts
Posted on 2/5/21 at 7:18 pm to
quote:

Within 10-14 days, they knew it came back stolen. They kept it, thought they could play the system, wait it out and turn the bike around once they got a new title. They dummied up an fake invoice under a customer's name they knew couldn't be tracked down (because he doesnt exist). It was their version of leverage to get him to legally release the bike, as there was no way to get a new title with that VIN otherwise.


I have a sneaking suspicion we are headed this direction in the story
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12849 posts
Posted on 2/5/21 at 7:24 pm to
quote:

Reality is that I had to pay significant amounts of money to get bike back (sentimental reasons) and am not dealing with titling issues.

Seems like a fairly different scenario from OP, though. For starters, your motorcycle was presumably picked up by wrecker under a contract with the police. Which 1) lends them legitimacy and 2) means they have a relationship with the department, which likely includes agreed rates they can charge for that storage. Unless the police sold the bike to them at auction.

Second, the shop/tow yard OP is dealing with did know that the bike was stolen once they ran the VIN, so it sounds like it was still in the national registry.
Posted by wadewilson
Member since Sep 2009
41561 posts
Posted on 2/5/21 at 7:26 pm to
quote:

Could get a variety of info about ownership or secure a payment method prior to doing work


Yeah, if a mechanic told me to pay upfront I'd find a new mechanic.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 2/5/21 at 7:46 pm to
Ok folks, I'm going to hold off on a summary. Most of what I believed is wrong.

This just took a HUGE left turn and has become 100 times more entertaining.

It may be a few days before I have more info but I assure you, it'll be worth it.
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