Remedies Available After Experience With Unscrupulous Motorcycle Mechanic?

[zstei001]

My question involves a consumer law issue in the State of: Florida. Marion County.

I recently took my motorcycle to a guy who does mechanic work out of his house. He operates under a business name but is not actually registered with the State of Florida. I checked on Sunbiz.org using his name and his "business name". My motorcycle has a VIN and is registered to me. I have clear title to it.

To do the complete job I requested, he quoted me a firm $600 however since he's not a licensed/official shop, I never got anything in writing stating that. It has been a month and he has made no real progress other than taking my bike apart. Other than that, he has ignored my calls and texts for days on end and I have caught him lying to me twice now about the costs of various parts he is using.

I decided I want to pay him for the work he has done so far, pick up my bike and take my business elsewhere. He told me if I wanted to do that, it would cost $375 to get my bike back. That's more than half the price for doing nothing more than taking apart the motorcycle.

Also, he ordered parts for my bike through a friend of his who owns a legitimate shop. The friend ordered them and I paid the friend directly for the parts by mailing him a cashier's check directly to his shop address. I have spoken to the legitimate shop owner and verified that he received the cashier's check. The illegitimate mechanic picked up the parts from the legitimate mechanic and has them in his possession.

My questions are:

1. Does he get to choose any number he wants for an amount due for "services rendered"?
2. Is he even allowed to be running a mechanic shop without a business license, etc.? He advertises his mechanic shop online under his business name, so he is actively marketing his services and seeking customers. This is not just word of mouth business.
3. If I arrange to come to his house to get my motorcycle and pay him, if I bring a sherriff's deputy with me, since it can be proven that the bike belongs to me, will the deputy require him to release the bike to me?
4. Will the deputy require me to pay him the requested amount?
5. Are merchants or private citizens providing a service like that required to take a personal check as payment for their services rendered?
6. If I can get an invoice from the shop with my name on it showing the parts ordered, can I recover those from the illegitimate mechanic by taking a sherriff's deputy with me to pick up the bike?

I appreciate any advice I receive here. I'm really at the end of my rope and not sure what my rights are here, and if I have a leg to stand on or if this illegitimate mechanic is theoretically able to just take my bike somewhere else, and when I show up with the deputy, just say "I don't know what you're talking about. I don't have your bike. I don't know you."

Also, for the record, the illegitimate mechanic's preferred method of communication (when he actually responds) is via text message, so I have the text where he said to bring him $375 and a box to put the parts of my motorcycle in, so does that count as proof that he has/had my bike and that he told me the price is $375. It seems like if he can pick that number out of thin air, when I get there to pick up the bike and pay him, he could just jack the price up to any number he wants.

 

[OHRoadwarrior]

I doubt the police will get involved. This is a civil matter. He can certainly demand to be paid for time spent disassembling, cleaning and ordering parts. As you have no contract, he can apparently charge whatever hourly rate he wishes.

 

[zstei001]

Thanks OHRoadWarrior. The reason for bringing along a sherriff's deputy is to prevent any violence from occurring. If you call them (especially in divorce situations) and tell them your are going to get belongings from your exes house, they will gladly accompany you in order to prevent any violence, etc. from occurring.

Also, licensed mechanics are required to have their hourly rate posted. I've done some research since my first post and discovered that a person or business is required to be licensed by the state in order to provide motor vehicle mechanic services to unrelated individuals in exchange for compensation. This individual and/or his "business" is/are not licensed. I have checked. Not to say that will get me my motorcycle back.

 

[BL]

Thanks OHRoadWarrior. The reason for bringing along a sherriff's deputy is to prevent any violence from occurring. If you call them (especially in divorce situations) and tell them your are going to get belongings from your exes house, they will gladly accompany you in order to prevent any violence, etc. from occurring.

Also, licensed mechanics are required to have their hourly rate posted. I've done some research since my first post and discovered that a person or business is required to be licensed by the state in order to provide motor vehicle mechanic services to unrelated individuals in exchange for compensation. This individual and/or his "business" is/are not licensed. I have checked. Not to say that will get me my motorcycle back.

If you feel that you have been taken advantage of , pay the cost.

Get a receipt and you could write disputed on it , not that it would matter.

It would just note your disputing the amount, and take him to small claims and let a Judge decide any issues.

IF he won't give you a receipt and you want your MC, I'd then call an officer and see if they can intervene to at least make payment with a receipt and get you your MC.

 

[ecmst12]

It was unwise to allow an unlicensed person to work on your motorcycle in the first place.

 

[zstei001]

If you feel that you have been taken advantage of , pay the cost.

Get a receipt and you could write disputed on it , not that it would matter.

IF he won't give you a receipt and you want your MC, I'd then call an officer and see if they can intervene to at least make payment with a receipt and get you your MC.

Hahahahahahaha!!!!! Wow. Just, wow. Hilarious. That has to be the worst advice I've ever been given.

"Oh really, that guy raped you? Pay the cost."
"Oh really, that guy broke into your house and killed your mother? Pay the cost."
"Oh really, that guy stole your car? Pay the cost."

It was unwise to allow an unlicensed person to work on your motorcycle in the first place.

Thank you so much for your help! I really appreciate the part where you addressed one or more of my questions.

 

[BL]

Hahahahahahaha!!!!! Wow. Just, wow. Hilarious. That has to be the worst advice I've ever been given.

"Oh really, that guy raped you? Pay the cost."
"Oh really, that guy broke into your house and killed your mother? Pay the cost."
"Oh really, that guy stole your car? Pay the cost."



Thank you so much for your help! I really appreciate the part where you addressed one or more of my questions.

Laugh all you want , or leave your MC there.

Call the cop ,but if you owe a bill and don't pay ,don't expect the cop to help you.

 

[zstei001]

Laugh all you want , or leave your MC there.

Call the cop ,but if you owe a bill and don't pay ,don't expect the cop to help you.

You clearly didn't read my initial post.

 

[Zigner]

Tell me about it!



You clearly didn't read my initial post.

Your initial post was read & understood. This is a civil matter. The guy will say you owe the money, you will say you won't pay. The cop will say "take him to court, good luck."

I'm sorry you don't like the accurate answers.

 

[BL]

Tell me about it!



You clearly didn't read my initial post.

Yes I did , and I gave you a possible remedy.

You originally wanted to pay and pick up your disassembled bike and the parts you pd. for.

The fee was nearly 1/2 of what it would cost to repair, and the guy is not going to give a receipt.

You wanted advice ,you got it.

As was said , you could call a Law enforcement officer to possibly intervene in getting you a receipt after paying the fee.

An officer is NOT going to tell the guy to give you your bike without payment.

I certainly would NOT hand over cask or payment without a receipt.

You could always send a RRR Certified letter keeping a copy and all receipts , advising you dispute the fee and will NOT pay any amount without a receipt .That you will utilize your legal remedies and in the mean time to not dispose or move the MC or parts off the property.

You can advise you are willing to negotiate the fee, that according to law ( you stated ) , that he has no license.

I bet he'd say he was doing this personally with you.

Edit: Since we are all rude and don't understand you , go drink a case a beer an pout about it.

I for one am done with you.

When posters treat volunteers like you have ,we are done with them.

Pay a lawyer.

 

[zstei001]

Yes I did , and I gave you a possible remedy.

You originally wanted to pay and pick up your disassembled bike and the parts you pd. for.

The fee was nearly 1/2 of what it would cost to repair, and the guy is not going to give a receipt.

You wanted advice ,you got it.

As was said , you could call a Law enforcement officer to possibly intervene in getting you a receipt after paying the fee.

An officer is NOT going to tell the guy to give you your bike without payment.

I certainly would NOT hand over cask or payment without a receipt.

You could always send a RRR Certified letter keeping a copy and all receipts , advising you dispute the fee and will NOT pay any amount without a receipt .That you will utilize your legal remedies and in the mean time to not dispose or move the MC or parts off the property.

You can advise you are willing to negotiate the fee, that according to law ( you stated ) , that he has no license.

I bet he'd say he was doing this personally with you.

Edit: Since we are all rude and don't understand you , go drink a case a beer an pout about it.

I for one am done with you.

When posters treat volunteers like you have ,we are done with them.

Pay a lawyer.

Haha! Wow, you actually gave me some valid advice this time. Honestly, thank you. "...drink a case of beer and pout about it." Hahaha! I love it. Nice guess at stereotyping but you're way off. Did I hurt your feelings?

Where was I rude?
Where was I unhelpful?

Understand that giving you information you don't want to hear is not being unhelpful. The only one being unhelpful to you is you, by not listening to what is being said.

"Alrighty then. :Rolls eye:"

Remember that? Of course you do. Silly question.

 

[quincy]

State of: Florida. Marion County.

. . . he quoted me a firm $600 however since he's not a licensed/official shop, I never got anything in writing stating that. . .

I decided I want to pay him for the work he has done so far, pick up my bike and take my business elsewhere. He told me if I wanted to do that, it would cost $375 to get my bike back. . . .

Also, he ordered parts for my bike through a friend of his. . . . I paid the friend directly for the parts by mailing him a cashier's check. . . . My questions are:

1. Does he get to choose any number he wants for an amount due for "services rendered"?

Yes, because he is an unlicensed shop and he does not play by the rules. You knew that going in (or you should have).

2. Is he even allowed to be running a mechanic shop without a business license, etc.? He advertises his mechanic shop online under his business name, so he is actively marketing his services and seeking customers. This is not just word of mouth business.

No, he is an unlicensed shop.

3. If I arrange to come to his house to get my motorcycle and pay him, if I bring a sherriff's deputy with me, since it can be proven that the bike belongs to me, will the deputy require him to release the bike to me?

If you pay for the bike, the mechanic has already said he would release the bike to you. Pay him and you can pick it up, with or without a sheriff's escort. An escort would be wise if you expect trouble.

4. Will the deputy require me to pay him the requested amount?

The deputy will not require the mechanic to turn over the bike to you until you pay the mechanic what you owe. The mechanic has a lien on the bike for work done (whether it is complete work or not).

5. Are merchants or private citizens providing a service like that required to take a personal check as payment for their services rendered?

No one is required to take a personal check.

6. If I can get an invoice from the shop with my name on it showing the parts ordered, can I recover those from the illegitimate mechanic by taking a sherriff's deputy with me to pick up the bike?

You paid the wrong person knowingly and willingly. I suggest you take it up with your honest licensed mechanic friend who, apparently, collected money for the parts from both the mechanic and from you.

I appreciate any advice I receive here. . . . . I have the text where he said to bring him $375 and a box to put the parts of my motorcycle in, so does that count as proof that he has/had my bike and that he told me the price is $375. . . .

It does not appear to me that you "appreciate any advice" you receive here. If you are appreciating it, you have an odd and unappreciated way of showing it.

Especially since what BL and Zigner told you was correct.

I have two suggestions for you: One, pay to have an attorney in Florida tell you the same thing you were told here and, two, if you want to sue the mechanic, gather together your non-existent paperwork and receipts and head off to court to explain how you knowingly went to an unlicensed mechanic expecting a deal and now you are upset that the unlicensed mechanic charged you more than you expected for his work in order for you to get your bike back.

 

[zstei001]

Yes because he is an unlicensed shop and does not play by the rules.


No, he is an unlicensed shop.

If you pay for the bike, the mechanic has already said he would release the bike to you. Pay him and you can pick it up, with or without a sheriff's escort. An escort would be wise if you expect trouble.

The deputy will not require the mechanic to turn over the bike to you until you pay the mechanic what you owe. The mechanic has a lien on the bike for work done (whether it is complete work or not).

No one is required to take a personal check.

You paid the wrong person knowingly and willingly. I suggest you take it up with your friend, who apparently collected money for the parts from both the mechanic and from you.


It does not appear to me that you "appreciate any advice" you receive here. If you are appreciating it, you have an odd and unappreciated way of showing it. Especially since what BL and Zigner told you was correct.

I have two suggestions for you: One, pay to have an attorney tell you the same thing you were told here and, two, if you want to sue the mechanic, gather together your non-existent paperwork and receipts and head off to court to explain how you knowingly went to an unlicensed mechanic and now you are upset that the unlicensed mechanic charged you more than you expected for his work in order for you to get your bike back.

Thank you!!!!! You're the first person to actually answer my questions and give me actual advice. And you did it with sincerity instead of just telling me I made a mistake or rolling your eyes at me, etc. And I appreciate your ideas for remedies however I have since realized a few underhanded but completely legal ways to get even with this unsavory character, so I will be doing that.

For the record, no real lawyer would say any of the other crap that other people on here have said (at least not to a clients face) but you definitely get what you pay for.

 

[BL]

Thank you!!!!! You're the first person to actually answer my questions and give me actual advice. And you did it with sincerity instead of just telling me I made a mistake or rolling your eyes at me, etc

. And I appreciate your ideas for remedies however I have since realized a few underhanded but completely legal ways to get even with this unsavory character, so I will be doing that.

For the record, no real lawyer would say any of the other crap that other people on here have said (at least not to a clients face) but you definitely get what you pay for.

I guess we are done ...