Problems with garage they called police on me
10-06-2008, 07:31 PM
#21
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as i was going to suggest... you can not steal what is rightfully yours...
i would like you to send me the dialouges of your conversations as you remember them...
they could of course state that they had repaired it, and if a mechanic from both the shop you took the car to, and the other shop state the same, they could hold you responsible for the damage they've done to it... and actually frame you...
do you have any witnesses to wich state the car was in when you picked it up :?:
PM me and i'll try to help you work something out
i would like you to send me the dialouges of your conversations as you remember them...
they could of course state that they had repaired it, and if a mechanic from both the shop you took the car to, and the other shop state the same, they could hold you responsible for the damage they've done to it... and actually frame you...
do you have any witnesses to wich state the car was in when you picked it up :?:
PM me and i'll try to help you work something out
10-06-2008, 08:00 PM
#22
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I'm no legal expert, etc. but in the case of the local BMW dealer, although I understand that technically it's not "stealing", you can't just go take your car off the lot before it's released. In this case, you're not even the customer (of the BMW dealer), the other garage is since they subletted out the programming job to them. The car is kind of like collateral until you've paid the bill, etc. If you take the car, the BMW may feel as if they're not going to be paid for the work they've completed, etc.
I'm not entirely sure but I think that technically, you couldn't even take the car from the original garage that attempted to fix the transmission either unless they released it (even though your the customer.)
I remember a while ago when one of my cars was getting some bodywork done at a local body shop. Before they could complete the job, they needed a BMW dealer to clear some fault codes, etc. so they contracted with my local dealer to take care of things. I wanted to get some other work done on the car so I figured while it was there, I'd just have them do it, etc. It turned out that to keep everything straight and keep any possible liability issues down, the dealer could not do any of the work I wanted and I couldn't pick the car up from them -- it had to be returned to the body shop (and the body shop had to pay the dealer, etc.) and I had to pick it up from them before I could take it to the BMW dealer myself. I understood completely why they had to work things this way and everything ended up fine.
I understand your frustration with this issue but if you ask me, you should've dealt with the first garage a bit differently (maybe been less patient, etc.) but the unauthorized taking of the car from the BMW dealer lot was probably a mistake -- even though it's your property! Besides, you may have done additional damage to the car by driving it, etc!
I hope I'm wrong but I guess time will tell...good luck!
I'm not entirely sure but I think that technically, you couldn't even take the car from the original garage that attempted to fix the transmission either unless they released it (even though your the customer.)
I remember a while ago when one of my cars was getting some bodywork done at a local body shop. Before they could complete the job, they needed a BMW dealer to clear some fault codes, etc. so they contracted with my local dealer to take care of things. I wanted to get some other work done on the car so I figured while it was there, I'd just have them do it, etc. It turned out that to keep everything straight and keep any possible liability issues down, the dealer could not do any of the work I wanted and I couldn't pick the car up from them -- it had to be returned to the body shop (and the body shop had to pay the dealer, etc.) and I had to pick it up from them before I could take it to the BMW dealer myself. I understood completely why they had to work things this way and everything ended up fine.
I understand your frustration with this issue but if you ask me, you should've dealt with the first garage a bit differently (maybe been less patient, etc.) but the unauthorized taking of the car from the BMW dealer lot was probably a mistake -- even though it's your property! Besides, you may have done additional damage to the car by driving it, etc!
I hope I'm wrong but I guess time will tell...good luck!
10-06-2008, 08:06 PM
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The things people do to save a few bucks. You let your car sit in some guy's garage for two and half months??? What was your first clue that he didn't know what he was doing.
10-06-2008, 08:30 PM
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Originally Posted by NextLevel530xi' post='687079' date='Oct 7 2008, 11:18 AM
One trick I ALWAYS use when a police officer is asking questions is that you are switching phones and need to call him back before the phone dies. Take down his number and call your Lawyor immediately! Get your lawyor to call the number. 
Cop wont expect that!
Cop wont expect that!Good idea... (making mental note of this for myself as well)
10-06-2008, 08:38 PM
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Originally Posted by UUronL' post='686901' date='Oct 7 2008, 09:33 AM
What country is this? It's hard to give advice without that information.
In most of the states in the US, if you don't pay, a mechanic's lien can be filed.
From Wikipedia...
"Vehicular Definition of a lien sale
If a person has repaired, furnished supplies or materials, towed or stored a vehicle AND has not been paid for the services rendered, that person has a lien against the vehicle. The lien arises at the time the registered owner is presented with a written statement of charges for completed work or services.
If the vehicle is towed by a public agency or private towing company, the lien arises when the vehicle is towed or transported. The lien may be satisfied by selling the vehicle through the lien sale process.
To conduct a lien sale, the person/lienholder must have possession of the vehicle and have lien sale authorization from DMV. Interested parties, including the registered and legal owners of record will be notified before the sale occurs.
State of California,If the vehicle's value is $4,000 or less, the registered and legal owners of record will be notified by the party conducting the lien. If the vehicle's value is greater than $4,000, DMV notifies all interested parties. You can call (916)-657-7617 between the hours of 8 a.m. and 5 p.m. if you have questions regarding lien sales."
The thing I see here is that a lot seems to hinge on whether or not you have received a bill (written statement of charges) for -completed services-. This seems to signify the start of the lien. Even if you got a bill, it doesn't seem like services were completed - so there could be several valid legal arguments.
Get a lawyer.
In most of the states in the US, if you don't pay, a mechanic's lien can be filed.
From Wikipedia...
"Vehicular Definition of a lien sale
If a person has repaired, furnished supplies or materials, towed or stored a vehicle AND has not been paid for the services rendered, that person has a lien against the vehicle. The lien arises at the time the registered owner is presented with a written statement of charges for completed work or services.
If the vehicle is towed by a public agency or private towing company, the lien arises when the vehicle is towed or transported. The lien may be satisfied by selling the vehicle through the lien sale process.
To conduct a lien sale, the person/lienholder must have possession of the vehicle and have lien sale authorization from DMV. Interested parties, including the registered and legal owners of record will be notified before the sale occurs.
State of California,If the vehicle's value is $4,000 or less, the registered and legal owners of record will be notified by the party conducting the lien. If the vehicle's value is greater than $4,000, DMV notifies all interested parties. You can call (916)-657-7617 between the hours of 8 a.m. and 5 p.m. if you have questions regarding lien sales."
The thing I see here is that a lot seems to hinge on whether or not you have received a bill (written statement of charges) for -completed services-. This seems to signify the start of the lien. Even if you got a bill, it doesn't seem like services were completed - so there could be several valid legal arguments.
Get a lawyer.
10-06-2008, 09:20 PM
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I'm no legal expert, etc. but in the case of the local BMW dealer, although I understand that technically it's not "stealing", you can't just go take your car off the lot before it's released. In this case, you're not even the customer (of the BMW dealer), the other garage is since they subletted out the programming job to them. The car is kind of like collateral until you've paid the bill, etc. If you take the car, the BMW may feel as if they're not going to be paid for the work they've completed, etc.
10-07-2008, 05:43 AM
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Originally Posted by hyethug015' post='687170' date='Oct 7 2008, 01:20 AM
thats why homeboy was willing to pay whatever he owed to the BMW dealer.
10-07-2008, 12:48 PM
#29
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So I talked to my lawyer today he told me that police have nothing to do with that. He told me also that if that cop call me again we gonna go to the court with him. Then the guy from first garage called me too he ask me to come and talk to him and pay some money at least something what an idiot! My car is in the garage we ordered sensor which was broken, but my mechanic says that is not only a problem but he have to change it first then see what happens next.
10-07-2008, 12:50 PM
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Originally Posted by rodneyremington' post='687111' date='Oct 7 2008, 06:06 AM
The things people do to save a few bucks. You let your car sit in some guy's garage for two and half months??? What was your first clue that he didn't know what he was doing.
He was always saying tomorrow or I sent the transmission to my friends garage I will call him and I gonna call you back, everytime he found some excuses etc.