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

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justalayman

Senior Member
I’m still trying to get beyond you filing for a writ of replevin for vehicles you don’t own, either supported by certificate of title or proof of lawful purchase or exchange. The motorcycle is not yours. It belongs to your customer. Filing a lien on a vehicle doesn’t make it yours. It’s a lien which may allow you to engage in activities to force payment of whatever debt is owed to you which the lien is based upon but it doesn’t give you a claim to ownership. You installing parts on the bike may make those parts claimable by you but what you need is a contract to back that up. Otherwise it appears as you installed parts on your own volition and effectively gifted them to the owner of the motorcycle.

Regarding the car which was given to the rightful owner; your problem with that is..?

That is who the impounder is obligigated to give it to. Your contract for work or repair does not supersede the true owners right of possession. It was no longer in your possession so you could not hold it base in the debt the true owner had to you.
 


GideonEffect

Active Member
I’m still trying to get beyond you filing for a writ of replevin for vehicles you don’t own, either supported by certificate of title or proof of lawful purchase or exchange. The motorcycle is not yours. It belongs to your customer. Filing a lien on a vehicle doesn’t make it yours. It’s a lien which may allow you to engage in activities to force payment of whatever debt is owed to you which the lien is based upon but it doesn’t give you a claim to ownership. You installing parts on the bike may make those parts claimable by you but what you need is a contract to back that up. Otherwise it appears as you installed parts on your own volition and effectively gifted them to the owner of the motorcycle.

Regarding the car which was given to the rightful owner; your problem with that is..?

That is who the impounder is obligated to give it to. Your contract for work or repair does not supersede the true owners right of possession. It was no longer in your possession so you could not hold it base in the debt the true owner had to you.
Perhaps you don't understand.


the replevin case is against my former landlord but she may be only partially liable for the damages i suffered as i lost approximately 60K do to theft and damage to my personal property. because the landlord as far as I am aware did not have anything to do with the court ordered stay not getting to the sheriff the loss would then be split with the courts and the landlord. however that would calculate I don't know.. The sheriff had no authority to give the customers car to the customer while i was being wrongfully detained and therefore the sheriff would be responsible for my loss of the contract i had with the customer. the customers car was not impounded at any time he made a deposit 1500, after parts were delivered he charged back the deposit and we successfully disputed his claim to the deposit the deposit was paid back to us and the customer filed for the chargeback a second time under a different dispute classification and the notices to alert me about a customer dispute were for some reason sent to my junk email box and the short time given to reply to the dispute thru my card processor came and went before I knew it. No problem, He would just have to cover the cost when he picks up his car. But when he was notified the car was completed he blocked my number and emails and from April 12-May 24 he never attempted to call, or stop by the garage. Legally he abandoned his vehicle and I could have taken it from him but that's not how I do things. besides I would have rather been paid as I was being evicted for no cause and I needed to find a place fast.

(1) A motor vehicle repair garage which is entitled to a lien under section 38-20-106 for motor vehicle repairs and ......

Such laws generally classify the crime as a misdemeanor or felony according to the value of the services stolen. Specific amounts vary by state. Local laws should be consulted for specific requirements in your area. The following is an example of a state statute dealing with theft of services:

"(a) A person commits theft of services if
  1. the person obtains services, known by that person to be available only for compensation, by deception, force, threat, or other means to avoid payment for the services;
  2. having control over the disposition of services of others to which the person is not entitled, the person knowingly diverts those services to the person's own benefit or to the benefit of another not entitled to them; or
  3. the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized.
(b) Absconding without paying for hotel, restaurant, or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained by deception.
 

Zigner

Senior Member, Non-Attorney
You can't sue for what might have been had you followed the proper protocol.
 

justalayman

Senior Member
Perhaps you don't understand.


the replevin case is against my former landlord but she may be only partially liable for the damages i suffered as i lost approximately 60K do to theft and damage to my personal property. because the landlord as far as I am aware did not have anything to do with the court ordered stay not getting to the sheriff the loss would then be split with the courts and the landlord. however that would calculate I don't know.. The sheriff had no authority to give the customers car to the customer while i was being wrongfully detained and therefore the sheriff would be responsible for my loss of the contract i had with the customer. the customers car was not impounded at any time he made a deposit 1500, after parts were delivered he charged back the deposit and we successfully disputed his claim to the deposit the deposit was paid back to us and the customer filed for the chargeback a second time under a different dispute classification and the notices to alert me about a customer dispute were for some reason sent to my junk email box and the short time given to reply to the dispute thru my card processor came and went before I knew it. No problem, He would just have to cover the cost when he picks up his car. But when he was notified the car was completed he blocked my number and emails and from April 12-May 24 he never attempted to call, or stop by the garage. Legally he abandoned his vehicle and I could have taken it from him but that's not how I do things. besides I would have rather been paid as I was being evicted for no cause and I needed to find a place fast.

(1) A motor vehicle repair garage which is entitled to a lien under section 38-20-106 for motor vehicle repairs and ......

Such laws generally classify the crime as a misdemeanor or felony according to the value of the services stolen. Specific amounts vary by state. Local laws should be consulted for specific requirements in your area. The following is an example of a state statute dealing with theft of services:

"(a) A person commits theft of services if
  1. the person obtains services, known by that person to be available only for compensation, by deception, force, threat, or other means to avoid payment for the services;
  2. having control over the disposition of services of others to which the person is not entitled, the person knowingly diverts those services to the person's own benefit or to the benefit of another not entitled to them; or
  3. the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized.
(b) Absconding without paying for hotel, restaurant, or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained by deception.
You’re right. I don’t understand. You went on and on about the car and motorcycle. I don’t recall reading anything involving other personal property.

But

It still sounds like you are arguing the car was given to the true owner after the landlord took possession of the real property. If you don’t think the sheriff had a right to allow the owner of the car to claim their property, well, I guess I’m missing where you think you had any claim to retain possession anyway since you had lost possession of the real property and since the car wasn’t yours, you wouldn’t have a claim to take the car. It belongs to the true owner and thst is whom it would be released to.

Now you tossing the financial issue with the car owner into the discussion really baffles me. The eviction situation has nothing to do with theft of services.

Maybe that’s one reason you are having trouble in court. You appear to be mixing up various issues. You also seem to believe the sheriff has some liability for the financial issues you are having it’s the cars owner. I’m sure you will eventually discover through your court activities thst is not the case.
 

GideonEffect

Active Member
You’re right. I don’t understand. You went on and on about the car and motorcycle. I don’t recall reading anything involving other personal property.

But

It still sounds like you are arguing the car was given to the true owner after the landlord took possession of the real property. If you don’t think the sheriff had a right to allow the owner of the car to claim their property, well, I guess I’m missing where you think you had any claim to retain possession anyway since you had lost possession of the real property and since the car wasn’t yours, you wouldn’t have a claim to take the car. It belongs to the true owner and that is whom it would be released to.

Now you tossing the financial issue with the car owner into the discussion really baffles me. The eviction situation has nothing to do with theft of services.

Maybe that’s one reason you are having trouble in court. You appear to be mixing up various issues. You also seem to believe the sheriff has some liability for the financial issues you are having it’s the cars owner. I’m sure you will eventually discover through your court activities that is not the case.
After further digging around the courts records I found that the landlord filed for writ of restitution and then that document was sealed by the courts. It was then released for the landlord to deliver to the sheriff in November, 6 months after the sheriff and landlord did FED. So is the landlord solely responsible for the actions of the sheriff because she produced a phony writ of restitution and doing so mislead the sheriff, no less than contempt of court by the landlord and whomever made the phony document. Or was the sheriff deputy aware of the shenanigans but figured if he executed with enough shock and awe that my will for justice could be suppressed. Im feeling the latter is more probable. The courts e-file person states that the proposed writ of restitution was sealed from May 21- Nov 9 and no order for the sheriff to execute a writ was issued by the courts until Nov 9.

Where i live, the plaintiff attorney efiles the writ into the clerk, Then when the clerks stamp is placed on the writ the landlord or her attorney delivers it to the sheriff with a estimated service fee and schedules the FED. So the writ could be passed to the sheriff to execute and there is no follow up with the courts prior to that FED.

I am seeking advise as I am unable to afford the valuable services of an expert attorney and this is a highly complicated case. Im am aware that my posts have been vague and rather confusing, I dont want to give out to any details online and compromise my right to recover for being unlawfully evicted.
 

GideonEffect

Active Member
I would like to announce that as of March 14, 2019 I have retained legal counsel. I was faced with opposing counsels lack in ability to follow CR16.1 I was unable to object to a ridiculous motion for summary judgement as I was discluded from their mailing list. :mad: I didn't fail to file objections before time expired, I simply couldn't construct the document to the courts standards in the time frame the courts gave me. Luckily the prepaid legal service I joined came through with a referral, what a relief! :D Thank you quincy, NeilTheCop, Zigner, not2cleverRed and FA. Throughout this difficult time you have shared knowledge, opinion, encouragement proposed questions and overall generally helped me keep my head on my shoulders. I have no trouble admitting that I could not play attorney for myself and come out with a judgement that is equal to my loss, not near what the professional care of the right kind of lawyer can achieve anyway.

Thanks, GideonEffect
 
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