Sent Boat to get repaired. Now boat is gone and business is closed.

[bronko]

What is the name of your state (only U.S. law)? WA

Thanks in advance for any advice you have to give. Here's the back story:

Back in July of 2011, my boat started having engine troubles right before I was leaving for vacation (and wanted to take the boat). I called around and no one could take it in except this one business north of me that said they could do it and get it back to me in 2 days (the day I wanted to leave). I gave them the boat, then they called me up on a Sunday and told me it was fixed, charged me $300 bucks cash. I took the boat on vacation and it still didn't work when I got it there. Called them back and they said they would fix it. Now they said it was a huge problem and would take a lot more time/money to fix. It was the end of summer so I told them to just have it ready by next summer. Beginning of the summer rolls around and nothing is fixed, but they say they'll get started on it. They said they would charge me $900, but needed half of it to get started, so I cut them a $450 check.

Summer of 2012 by and they had done nothing to the boat. I called them/e-mailed them multiple times, never received a call back. FINALLY, the owner (I'll call him Mike) emails me back saying that the business had to close and that his business partner (I'll call him Ed) has my boat. Immediately after, that e-mail address is no longer good. I call Ed time and time again and a couple weeks later he calls me back and says that Mike took all the money from the business and moved to Italy, but said he was trying to start up his own boat repair business and offered to fix my boat for the same price. I agreed and haven't heard from him since. His number is now disconnected. Eventually, I discovered that the original business was still open, so I email them from a different account asking about boat repairs and get a message back from guess who...Mike. I went up to the business and asked for Mike, but he wasn't there, so I asked for Ed. The workers said that Ed hadn't worked there in about 7 years???

Now I can't get ahold of Mike, I can't get ahold of Ed, recently the business ACTUALLY shut it's doors, I'm out of a boat and the $750 I've already given them.

I've received some advice saying that I should hire a lawyer, some advice saying that I should go to small claims court (the boat isn't very expensive), some advice saying I should report the boat stolen to the authorities and THEN go to sue.

Any advice would be greatly appreciated! Thanks.

(I have all the e-mail correspondence printed out, a copy of the $450 check I wrote them (no proof of the $300 cash...poor choice on my part), and a printout of all my call history, showing I've called them many, many times with very few replies. The check is written out to the business, not to a specific name).

 

[sandyclaus]

What is the name of your state (only U.S. law)? WA

Thanks in advance for any advice you have to give. Here's the back story:

Back in July of 2011, my boat started having engine troubles right before I was leaving for vacation (and wanted to take the boat). I called around and no one could take it in except this one business north of me that said they could do it and get it back to me in 2 days (the day I wanted to leave). I gave them the boat, then they called me up on a Sunday and told me it was fixed, charged me $300 bucks cash. I took the boat on vacation and it still didn't work when I got it there. Called them back and they said they would fix it. Now they said it was a huge problem and would take a lot more time/money to fix. It was the end of summer so I told them to just have it ready by next summer. Beginning of the summer rolls around and nothing is fixed, but they say they'll get started on it. They said they would charge me $900, but needed half of it to get started, so I cut them a $450 check.

Summer of 2012 by and they had done nothing to the boat. I called them/e-mailed them multiple times, never received a call back. FINALLY, the owner (I'll call him Mike) emails me back saying that the business had to close and that his business partner (I'll call him Ed) has my boat. Immediately after, that e-mail address is no longer good. I call Ed time and time again and a couple weeks later he calls me back and says that Mike took all the money from the business and moved to Italy, but said he was trying to start up his own boat repair business and offered to fix my boat for the same price. I agreed and haven't heard from him since. His number is now disconnected. Eventually, I discovered that the original business was still open, so I email them from a different account asking about boat repairs and get a message back from guess who...Mike. I went up to the business and asked for Mike, but he wasn't there, so I asked for Ed. The workers said that Ed hadn't worked there in about 7 years???

Now I can't get ahold of Mike, I can't get ahold of Ed, recently the business ACTUALLY shut it's doors, I'm out of a boat and the $750 I've already given them.

I've received some advice saying that I should hire a lawyer, some advice saying that I should go to small claims court (the boat isn't very expensive), some advice saying I should report the boat stolen to the authorities and THEN go to sue.

Any advice would be greatly appreciated! Thanks.

(I have all the e-mail correspondence printed out, a copy of the $450 check I wrote them (no proof of the $300 cash...poor choice on my part), and a printout of all my call history, showing I've called them many, many times with very few replies. The check is written out to the business, not to a specific name).

Wow... You left your boat at this place for well over a year, never came to retrieve it (despite being told that the place was closing),and you're surprised it's gone?

You can't report the boat stolen, because it wasn't. You voluntarily left it there for repairs. If anything, you abandoned your property there.

I'm not sure WHAT you could do to get the boat back, or even IF you could do so under the circumstances.

 

[BL]

What is the name of your state (only U.S. law)? WA

Thanks in advance for any advice you have to give. Here's the back story:

Back in July of 2011, my boat started having engine troubles right before I was leaving for vacation (and wanted to take the boat). I called around and no one could take it in except this one business north of me that said they could do it and get it back to me in 2 days (the day I wanted to leave). I gave them the boat, then they called me up on a Sunday and told me it was fixed, charged me $300 bucks cash. I took the boat on vacation and it still didn't work when I got it there. Called them back and they said they would fix it. Now they said it was a huge problem and would take a lot more time/money to fix. It was the end of summer so I told them to just have it ready by next summer. Beginning of the summer rolls around and nothing is fixed, but they say they'll get started on it. They said they would charge me $900, but needed half of it to get started, so I cut them a $450 check.

Summer of 2012 by and they had done nothing to the boat. I called them/e-mailed them multiple times, never received a call back. FINALLY, the owner (I'll call him Mike) emails me back saying that the business had to close and that his business partner (I'll call him Ed) has my boat. Immediately after, that e-mail address is no longer good. I call Ed time and time again and a couple weeks later he calls me back and says that Mike took all the money from the business and moved to Italy, but said he was trying to start up his own boat repair business and offered to fix my boat for the same price. I agreed and haven't heard from him since. His number is now disconnected. Eventually, I discovered that the original business was still open, so I email them from a different account asking about boat repairs and get a message back from guess who...Mike. I went up to the business and asked for Mike, but he wasn't there, so I asked for Ed. The workers said that Ed hadn't worked there in about 7 years???

Now I can't get ahold of Mike, I can't get ahold of Ed, recently the business ACTUALLY shut it's doors, I'm out of a boat and the $750 I've already given them.

I've received some advice saying that I should hire a lawyer, some advice saying that I should go to small claims court (the boat isn't very expensive), some advice saying I should report the boat stolen to the authorities and THEN go to sue.

Any advice would be greatly appreciated! Thanks.

(I have all the e-mail correspondence printed out, a copy of the $450 check I wrote them (no proof of the $300 cash...poor choice on my part), and a printout of all my call history, showing I've called them many, many times with very few replies. The check is written out to the business, not to a specific name).

When someone strings you along you go get your property and sue for what you had paid them when the business , etc. is still around.

I let a vehicle sit for 3 weeks once for a distrbutor TIF . Went to check and they are acually tearing it apart .Checked a week later and nothing done . I had it towed ,got a used distributor with a newer TIF on it ,installed it myself ,cranked it up and it started.

I had pd. them nothing at that point . Cost me a tow bill though.

 

[bronko]

I didn't know it was closing. I never knew it was closing. I'll try to explain better, I'm sure I probably didn't make it clear enough.

-I gave it to a business (partnership - Mike and Ed)
-They "fix" it for $300 cash
-I take it back to said business and they tell me it is a bigger problem and will take more time and money and they won't be able to get to it for awhile.
-We discuss and i agree to have them store it and take their time to fix it over the winter and have it ready for me by the next summer.
-I call at the beginning of summer and they tell me that they haven't started it, but they will now. They just need half up front. I write a check to the BUSINESS for $450.
-I call back about 2 weeks later for an update and the phone line is disconnected. I send multiple emails and make multiple calls. I visit the business and doors are closed.
-A few weeks later (I could find exact dates if you want them), I finally get an email back from the business saying "Unfortunately, due to unforeseen circumstances, the business had to close and Ed has your boat, here's his number xxx-xx-xxxx"
-I call Ed multiple times with no answer, weeks later receive a call back and Ed tells me that Mike took all the money and went to Italy and he's trying to start over and offers to fix the boat. I agree and we discuss parts, price, and time frame.
-Short time later after not receiving an update, I call back and the phone line is disconnected.
-I research the business again and find that it has opened its doors.
-I email the business from a different account and get a reply back from Mike (who supposedly ran off to Italy with all the money.)
-I go up to the business - no Mike - no boat - and workers tell me that Ed hasn't worked there for over 7 years.
-A short time later, I research the business again and it is officially closed. I have Ed's number, but it is disconnected. I have Mike's number, but it is disconnected.

So I was never told the place was closing, and I didn't just leave my boat there. I have continually been trying to contact them and now they have disappeared.

I'm trying to figure out how me leaving it somewhere for repairs constitutes me "abandoning" my boat there.

 

[BL]

I didn't know it was closing. I never knew it was closing. I'll try to explain better, I'm sure I probably didn't make it clear enough.

-I gave it to a business (partnership - Mike and Ed)
-They "fix" it for $300 cash
-I take it back to said business and they tell me it is a bigger problem and will take more time and money and they won't be able to get to it for awhile.
-We discuss and i agree to have them store it and take their time to fix it over the winter and have it ready for me by the next summer.
-I call at the beginning of summer and they tell me that they haven't started it, but they will now. They just need half up front. I write a check to the BUSINESS for $450.
-I call back about 2 weeks later for an update and the phone line is disconnected. I send multiple emails and make multiple calls. I visit the business and doors are closed.
-A few weeks later (I could find exact dates if you want them), I finally get an email back from the business saying "Unfortunately, due to unforeseen circumstances, the business had to close and Ed has your boat, here's his number xxx-xx-xxxx"
-I call Ed multiple times with no answer, weeks later receive a call back and Ed tells me that Mike took all the money and went to Italy and he's trying to start over and offers to fix the boat. I agree and we discuss parts, price, and time frame.
-Short time later after not receiving an update, I call back and the phone line is disconnected.
-I research the business again and find that it has opened its doors.
-I email the business from a different account and get a reply back from Mike (who supposedly ran off to Italy with all the money.)
-I go up to the business - no Mike - no boat - and workers tell me that Ed hasn't worked there for over 7 years.
-A short time later, I research the business again and it is officially closed. I have Ed's number, but it is disconnected. I have Mike's number, but it is disconnected.

So I was never told the place was closing, and I didn't just leave my boat there. I have continually been trying to contact them and now they have disappeared.

I'm trying to figure out how me leaving it somewhere for repairs constitutes me "abandoning" my boat there.

I'm not sure where you would go in your area for records but find out ,call or go there and see if what activity they have on these stooges.

It may leed you to one or both of them to be able to serve them with a lawsuit .

 

[bronko]

Update

Ok, so some more events have taken place. I went to the courts to fill out a small claims, but I did not know Ed's address. I had been in touch with Mike and he gave me a clue on to where he thought Ed lived (he didn't know an exact address). I did some research and finally found his address. I ran by the house and sure enough, there's my boat.

So now what should I do?

Should I take my boat back (I'm assuming still unfixed) and then take him to court for the $700 I've paid them + any additional damage to the boat (The boat has been sitting uncovered outside for almost 2 years now).

OR

Should I just take him to court before taking the boat back?

OR

Any other options?

Also, should I be suing just Ed? Or both Mike and Ed, since it was a joint business?

Thanks for any help

 

[Zigner]

When you asked the police for assistance in retrieving your property, what did they say?

 

[LdiJ]

Ok, so some more events have taken place. I went to the courts to fill out a small claims, but I did not know Ed's address. I had been in touch with Mike and he gave me a clue on to where he thought Ed lived (he didn't know an exact address). I did some research and finally found his address. I ran by the house and sure enough, there's my boat.

So now what should I do?

Should I take my boat back (I'm assuming still unfixed) and then take him to court for the $700 I've paid them + any additional damage to the boat (The boat has been sitting uncovered outside for almost 2 years now).

OR

Should I just take him to court before taking the boat back?

OR

Any other options?

Also, should I be suing just Ed? Or both Mike and Ed, since it was a joint business?

Thanks for any help

I'd take the boat back first.

 

[bronko]

When you asked the police for assistance in retrieving your property, what did they say?

Since finding the boat, I have not talked to the police - but that will be the way I go if all you helpful people advise me to get the boat first, which LdiJ is doing.

 

[Zigner]

Since finding the boat, I have not talked to the police - but that will be the way I go if all you helpful people advise me to get the boat first, which LdiJ is doing.

Actually, we both did. Sorry that I was taking the "lead a horse to water" approach.

 

[bronko]

Actually, we both did. Sorry that I was taking the "lead a horse to water" approach.

Haha. Got it. I thought maybe you were referring to the time that I spoke to the police before finding my boat.

I appreciate small words and short sentences.

 

[Zigner]

Haha. Got it. I thought maybe you were referring to the time that I spoke to the police before finding my boat.

I appreciate small words and short sentences.

No worries. I, too, would suggest that you attempt to retrieve your boat now and I believe the police will help you. Even if only to "ask" for the boat on your behalf. After you have your boat, you may even decide that it's not worth your time to try to get the money back.