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Suing mechanic with possession

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jonelli

Junior Member
What is the name of your state (only U.S. law)? CA

I hired an independent mechanic to repair my outboard sailboat motor over 4 months ago for overheating (suspected impeller failure). I had to leave the country at first, so my father was the contact for estimates and payments.
The mechanic took $200 right away, then asked for an additional $500 when he said it was "ready". Payment was sent.
When I returned to the US, he had not delivered the repaired motor, and I chased him down for another month and a half with unreturned phone calls, text messages, etc. He would sometimes promise to deliver it, then never show up or return messages.
When I was finally able to meet up with him, I took the motor and tested it, and while other cosmetic parts were replaced, it still had the same original problem. He admitted to never testing it and promised to resolve it.
Again, after unreturned phone calls and messages, 2 weeks later he picked it up. Now its over two months later, and he still has it, and says its fixed now and has promised to deliver it many times, but either doesn't show up or does not return phone calls or text messages.

I don't believe that it's fixed.
I don't believe that he intends to return it.
I went to the residence where the original payment was sent, and it is his parents' house (he lives at home at age 37).

I have no choice now to file small claims.

I am sending him first a letter requesting return of the repaired motor or reimbursement for monies paid, replacement cost, and loss of use and boat fees.
I expect that trying to serve him with court papers will be difficult.

What are my options, and how should I proceed? I have never done this before. I don't know what to expect.
 


swalsh411

Senior Member
You can expect that no court will award you anything more than what you have paid to him unless you have a contract stating you are entitled to it.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? CA

I hired an independent mechanic to repair my outboard sailboat motor over 4 months ago for overheating (suspected impeller failure). I had to leave the country at first, so my father was the contact for estimates and payments.
The mechanic took $200 right away, then asked for an additional $500 when he said it was "ready". Payment was sent.
When I returned to the US, he had not delivered the repaired motor, and I chased him down for another month and a half with unreturned phone calls, text messages, etc. He would sometimes promise to deliver it, then never show up or return messages.
When I was finally able to meet up with him, I took the motor and tested it, and while other cosmetic parts were replaced, it still had the same original problem. He admitted to never testing it and promised to resolve it.
Again, after unreturned phone calls and messages, 2 weeks later he picked it up. Now its over two months later, and he still has it, and says its fixed now and has promised to deliver it many times, but either doesn't show up or does not return phone calls or text messages.

I don't believe that it's fixed.
I don't believe that he intends to return it.
I went to the residence where the original payment was sent, and it is his parents' house (he lives at home at age 37).

I have no choice now to file small claims.

I am sending him first a letter requesting return of the repaired motor or reimbursement for monies paid, replacement cost, and loss of use and boat fees.
I expect that trying to serve him with court papers will be difficult.

What are my options, and how should I proceed? I have never done this before. I don't know what to expect.
I would have you speak to the county attorney about filing a criminal complaint for "theft by conversion" (California Penal Code Section 484(a)

Chances are that he has disposed of the motor $ $ $
 

jonelli

Junior Member
Yes, I know I probably wouldn't be awarded anything other than what I've paid him and the motor back, but I figured it can't hurt to try. or would it?
I'm also sure he just took the money and maybe doesn't even have any money to finish repairing it.

At this point I'm planning on two things...

#1 - Trying to find out where his storage/shop is, go there when he's there, call the PD and ask them to keep the peace while I retrieve my property. I'm pretty sure if I can orchestrate all of that, that I'd have a really good chance of him giving the motor back to me.

#2 - File small claims court suit. At least it may make his life somewhat miserable.
 

jonelli

Junior Member
Regarding the "theft by conversion" charge, how does one actually go about filing something like that?
 

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