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Impound says i need to show proof of ownership to recover motorcycle towed from my shop.

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GideonEffect

Active Member
Colorado,
I filed an appeal a day after County Court vacated the possession hearing. I forwarded all paperwork to plaintiff and her attorney. There was no award they just wanted me out, really, really bad (landlord had other plans i found out) At the start of this I was a busy repair shop working on my own, then I was blindsided with landlord and her kids (28yrs old) using some dirty self help tactics, in my face haulouring, Landlord: "this is my property and i can do whatever i want". Then a back dated writ of restitution was snuck in with a few other cases that her attorney was working on so it got stamped and then delivered to the sheriff 5 days after i filed for the appeal. Because the writ was back dated 9 days, the sheriff wasted no time in executing on the writ, nothing could have prepared for the crap storm that was about come. Fast forward 5 days and the appeal was now perfected! Guns drawn, deputies kick in the back door (EVICTION, CUFF HIM) confiscated a car and a motorcycle both 90% complete, then I would have applied for new vin#. How do I get a vehicle from impound without vin#
 


Zigner

Senior Member, Non-Attorney
That sounds like a great question for the folks who took your vehicle.
 

GideonEffect

Active Member
Zinger, i think i'll go to courts tomorrow and file for repossession as the repair shop I have the only verifiable ownership level of documented proof by lien. Right? $1500 my Parts on it. Parts and labor plus the estimated cost to aquire vin number is on the invoice total $4,200.00 . I was notified that my appeal was successful, so 7 months later after removal i'ts back to county court to argue possession. Does that technically give me rightful possession of the rental. LOL Just wondering?
 

Zigner

Senior Member, Non-Attorney
You have an attorney - it would be unwise for any of us to second-guess your attorney. If you are not happy with the quality of your attorney, then you should fire him/her and hire a new one.
 
They kicked your door in and you had a motorcycle with no VIN#!
This seems to be more than a simple eviction. Did they have a search warrant?
 

GideonEffect

Active Member
Hey Neil, thanks for your post.

To answer your question, No there was no warrant and I wasn't arrested. In fact I do have one of the vehicles back and I'm almost done with it. But like the motorcycle it also was without vin tag. 1963 Chevrolet Impala 2 door hardtop. It's not a SS but the car has just 43K original miles and the original interior cleaned up really well. I have a lot of time and parts wrapped up into the motorcycle and in Colorado, under certain circumstances if a vin number becomes unlegible, destroyed in an accident or if during a custom build/rebuild or you are intending to create a motorcycle from parts (mainly an engine from a motorcycle and frame from a completely different motorcycle) you have bought from a swapmeet, craigslist. or you purchased a frame on ebay with a bill of sale only, a new vin number has to be applied for. After lots of paper work, bonding, and State Patrol inspections. It's a process relatively low in cost overall if you have the time for the process to get approval it serves its purpose. In this case my customer bought a frame motor and transmission with bill of sale only. The neck of the frame is believed to have been replaced just in front of the tank and in doing so the vin number was destroyed. My customer bought the parts at a annual swap meet and she said the guy that sold them to her bought the parts at different storage auctions or same auction but separate units. I was originally hired to put the motor transmission and parts that she chose from my inventory all onto a new frame but she never came thru with her prefered frame and so she wanted to have her parts and my parts built up and I would apply for new vin number. So no problem I said, this was kind of a chopper style inspired bagger bike. Quickly she became difficult to get into touch with and I was facing the possibility of having to put a lien on this thing but how do you do that without a title, no vin and then I get evicted because the landlord had signed a lease with an oil drilling company behind my back, 2 months after I signed a lease for the same place. Well my lease was for just the garage and area around the garage, the drilling company's lease was for the entire property fence to fence and they were not interested in sharing. I was not served any notice to end or terminate the lease. My rent was not past due nor late. But the landlord was not about to let stand in the way. She did not get any judgement for money or damages because I paid 1st last and a damage deposit when i signed the lease. I still haven't seen a dime of the damage deposit 6 months later. I have had the customers Impala back for two months. Im hopeful that I will be able to recover all the parts I put into the motorcycle at least. I do believe based on Colorado Automobile Repair Act that I have a valid and lawful lien in place and I have been very up front with the sheriff that impounded both vehicles during the eviction. These vehicles were clearly in the build stage and were the only vehicles that I could not provide immediate documents for only because during the eviction years of files from current stuff in my desk drawer to file cabinets full records dating back to 2010 were carelessly strewn around the eviction area in various trash bags and boxes, I was able to locate the Impala file after searching for an hour or so. Thankfully the detective that was incharge of verifying all the vehicles at the garage gave me very good incentive to find something that can show some of legitimacy or else. lol. He was really patient and I got the impression that he wasn't looking for a reason to make the situation out to be a worse situation. as soon as i found the file i did not hesitate to hand it over to him, I think that my actions showed him that I didn't have anything to hide. I had no need to sensor any of the contents inside that file and it showed him that I had honesty and integrity. He still had to impound the two vehicles for investigation. There was trailers, some custom one homemade and a dozen other cars/trucks motorcycles there that day, all registered and insured. I'm still in court over the illegal eviction. Im broke, my business tanked after the landlord started an online smear campaign. She's evil, I'm certain that her soul is forged in 13 cauldrons of fire and brimstone fueled by the remains Ebenezer and The Grinch himself. But what do you do?
 

GideonEffect

Active Member
You have an attorney - it would be unwise for any of us to second-guess your attorney. If you are not happy with the quality of your attorney, then you should fire him/her and hire a new one.
Im the attorney, pro se. You remember that ole saying, "Anybody that would represent themself in court has a fool for a client". I am that fool. :unsure:
 
Im the attorney, pro se. You remember that ole saying, "Anybody that would represent themself in court has a fool for a client". I am that fool. :unsure:
You are a member of the same club I belong to.
When you represent yourself you will find out that the opposing attorney did not use the law or common sense but relied on being able to dig up the most obscure cases from decades ago and use that prior court decision to prove their case.
Here's an example I'm using in my case which shows that manure is classed as a solid and/or hazardous waste and is not a fertilizer.
Scroll about half way down to 'discussion' and you'll see what I mean by all the references to prior cases highlighted in blue.
https://scholar.google.com/scholar_case?case=2776997273950311532&q=cow+palace+dairy&hl=en&as_sdt=6,32,60,131
 

GideonEffect

Active Member
heading to court in about an hour. Seeking $64,000.00 for property unlawfully held by my former landlord. Thank you everybody for your support. Ill let you know how it goes. (y) :D :coffee:
 

GideonEffect

Active Member
The District court Judge has decided that there is more to understood before she is willing to put the entire burden on the former landlord. I agree. We also agree that there is great potential that liability may also lay in the hands of the county court clerks error, and also the mistakes made by the sheriff department all need to be discovered and so the Replevin suite just blew up to a complicated monster that I again will have difficulty with. The Judge also stated that there was a stay issued by the District Court when it received Notice to file Appeal, Designation of record and Urgent Motion to Stay. I was no doubt confident that I had filed the proper paper work, met all the deadlines and I need not worry that the sheriff will be doing any eviction. But the order granting the stay was never sent to the sheriff office. And so without warning they kicked in the door, detained me in their cop car for 6 hours and they never even removed one item off the premises. The rules of FED state that the tenants property does not leave his right to ownership and that the reason for the tenants property to be removed from the premises is to ensure his right to free access to his property is irrevocable and that any person found to be intentionally depriving tenant of that right shall be considered wrongfully and unlawfully holding any such property and that is theft .The sheriff instructed the landlord and the movers to NOT put all my property off the premises and went on to tell the landlord that after the eviction is over, any of my property that remains is abandoned and she can do whatever she wants with it. So when I returned with the moving truck I was denied access and the gate was padlocked. The sheriff wouldn't even answer my call to request a stand by. With that in mind, the sheriff department guide to evictions, a brochure that the sheriff uses to educate landlords prior to conducting a eviction states "The sheriff department will not help you take any of the tenants personal property during the eviction process and if the sheriff deputy supervising the eviction becomes aware that the tenants personal property is is not being treated in the ways described here. The sheriff can stop the eviction and the landlord my loose the right to possession awarded previously.

Back to what I was saying about the District Judge on the Replevin suit. In December at the initial hearing to show cause, the landlord was pro se and obviously unable to comprehend the nature of the case and could only tell the judge that she was no longer in possession of my property and tools etc. In the hearing the landlord satated the she hired a rolloff dumpster and threw everything into the trash. Guess she will pay the replacement costs then. Oh yeah, also she lawyered up.

Now I have to carefully navigate the extensive list of court deadlines, forms and I am questioning whether I should file a demand for jury trial because with all the deadlines and stuff It could make proving my case most advantageous.

Please feel free to ask me any questions and also offer any advise. Also if you or any legal counsel that you believe would be willing to take this case. I do have some money saved up and I am a member of legalshield and I have a 2008 BMW 328xi AWD I can trade for legal help. I could really use some professional help with this and also help with a libel suit against the same landlord and a former customer she recruited to launch an online smear campaign. More like caricature assassination.

So in summary: Landlord and her Attorney were both aware that filling an appeal comes with an automatic stay, but they e filed the Writ of Restitution and falsified the date the court ordered possession by making it 8 days earlier than it actually is. (contempt of court, false representation of public record and falsifying a court order, intensional stress and financial loss to person that is party to case)

the sheriff department for not following specific state rules in dealing with property owned by tenant during execution of FED, mishandeling of tenants personal property and work tools and allowing the landlord to unlawfully convert all, giving landlord legal advise and making up rules that are not cohesive to the best interest of the people and to preserving justice when he declared all of my property abandoned at the end of the eviction, contacting my customer and without any authority to do so he gave my customer his vehicle without the customer paying one dime for the contracted parts and service agreement totaling $4800.00, $0 has been paid to me for the work and parts installed on the customers car which the customer sold quickly after he illegally got it back from me.

the courts are also responsible for not following procedure that is to notify any department and agency when a stay is granted and as soon as it can be done the clerk is to withdraw any orders, executions, act on any writs, release repossession and custody in any applicable proceeding.
 
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