Desperately needing help-stolen Bronco/trashed

[Scoop]

Thanks, guys, for letting me see that I'm such an idiot.

Sounds like enough blame for both of you here! ;D

I'd sell his mount or send it to the same dump . . .

 

[Dave]

I don't understand the storage thing. If he had called and said your Bronco is done come and pick it up or since you don't want the work done come and pick it up, then he would have a case to charge you storage fees.

Letting it go for that long was a mistake on your part unless you were just looking for a free place to park it until you got around to wanting it back.

My Dad ended up with quite a junk yard of cars that people abandoned after deciding not to put the money into the repairs. He never got paid for pulling the engines, tearing them down, and determining they were beyound repair back in the 60s. Interesting when they came back around, one of them 20 years later, when they were classics with a title in hand wanting it back. He always attempted to contacted them and usually got a tilte and had them scrapped. Ooooh when I think of some of the classics that went to the crusher back in the early 80 when the state cracked down on "junk" yards.

 

[reynard101]

Letting it go for that long was a mistake on your part unless you were just looking for a free place to park it until you got around to wanting it back.

I agree! I've never heard of someone leaving a vehicle at the mechanics for 10 years.

If the Bronco is indeed located at the junkyard, check the condition of the Bronco. After 10 years of sitting, determine if it's rusted away, the motor is seized up, is the interior is dry/crumbling away, are brake and fuel lines dry, fuel turned to varnish in the tank - it may not be worth much and more work and money to get it back to a running/driving condition. Best of luck getting it back.

 

[whoopeerabbit]

After getting legal counsel, I have decided to go the civil court route. I gathered all the paperwork this AM and DID come up with our agreement, deposit receipts, etc. I also found out that the mech had removed the rear end and 4wd tranny right after I told him I wanted it back. Instead of sending off to a 'standard' boneyard, he sold it to a salvage crusher to prevent my buying back any remains. According to the wrecking company owner, this isn't the first time that he has done such. Hmm...The timeline started less than I thought...still too long...7 1/2 years.

One thing that will help somewhat-the guy who changed the oil last had given me a written offer to buy before I drove the Bronc to the mechanic's. One plus. He told me that he is willing to have his bid notarized as original if it might help.

Thanks all. If there are any positive results from this mess, I will post. Hopefully anyone who might encounter a similar problem may read this will be able to take warning from my folly.

 

[Nightstick]

I hope everything works out for you. I'm with the others when they say that 10 years is way too long to let something go, but getting cancer and other priorites get in the way sometimes. Definitely a learning experience that others might gain from, and the bottom line is no matter what mistakes you may have made, it doesn't excuse him for selling your property. You may look like the fool in this situation but sometimes you have to put pride aside and do what's right. Good luck finding another rig.

 

[HoosierDaddy]

By memory , this is the screwiest post I recall ever reading here.

Why do I get the feeling we are being trolled or baited or whatever you want to call it ?

 

[Bronco_69]

You may look like the fool in this situation but sometimes you have to put pride aside and do what's right. Good luck finding another rig.

so what is right here? if some one left a beat old bronco on your property for 7 years what would you do? even if it was a NOS mint bronco what would you do?

i hope the court laughs at you and hits you with court cost ;D the whole deal sucks but you dropped the ball long ago.

 

[needabronco]

If you left ANYTHING at my house for 10 years without EVER asking for it back, I'm pretty sure most if not ALL courts would rule in my favour no matter what I did with it. Personally I would have file for a mechanic's lean after 1 year (90 days by most states laws).

I'm not sure if you really have any legal recourse here. Most would call it abandoned property.

 

[Nightstick]

First thing is I'm taking the OP for his word. He probably knew he would look foolish by posting this but did anyway seeking advice, which some people have tried to give him while others simply called him an idiot.

The person who had and sold the bronco represented himself as a mechanic and they were doing a business transaction not friends storing a vehicle for another. The OP also said that he attempted numerous times to contact the "mechanic" who made himself unavailable then sold the bronco without the owners permission.

If the "mechanic" went through the right process to file a lien then dispose of it then the OP doesn't have a leg to stand on in court. The reason why the laws are in place is to protect people who find themselves in these types if situations whether some of the blame falls on them or not.

 

[jw0747]

So you're taking the guy to civil court after getting some legal advice? Are you paying a lawyer to represent you? How much is the lawyer going to charge you? Would bet his charges are going to be way more than what your Bronco was worth based on your earlier description. Once you file suit against the other guy he's probably going to counter-sue you for his 10 yrs worth of storage fees. Then your lawyer's going to charge extra for defending you against the counter suit. Geez think about it...IMHO you're being very foolish to pursue this thing that should be dropped and forgotten.

Here in our city you can file a small claim in JP court without a lawyer provided it's $10,000 or less. Simple but not really in a case like yours.

 

[Nightstick]

Yeah I'd still like to know how much this thing was worth in the first place. That would definitely effect whether or not I'd pursue a civil case.

 

[Bronco_69]

Yeah I'd still like to know how much this thing was worth in the first place. That would definitely effect whether or not I'd pursue a civil case.

$3500 at best 7 years ago and $350 when scrapped

 

[75koda]

My two cents... In Florida it would become abandoned property after just 90 days. But before legal ownership can be transfered the mechanic has to be able to prove that he has made reasonable effort to contact the owner and then file the appropriate paper work. The mechanic shop has to have ownership of vehicle before they can sell it to anybody. The problem is it becomes your word against his and hard for any charges to actual be carried through. Good Luck

 

[mattoo]

Ha, take it on people's court for a little humiliation I think you both get paid...

 

[sriha]

so what is right here? if some one left a beat old bronco on your property for 7 years what would you do? even if it was a NOS mint bronco what would you do?

i hope the court laughs at you and hits you with court cost ;D the whole deal sucks but you dropped the ball long ago.

I personally would try to keep in contact with the owner. If I know his situation and have the space I would keep it where its at and try to take care of it specially if I was suppose to do work on it. I guess different people have different morals. I would treat it the way I would like to be treated. If the owner is an A-hole then that would be a different story. If I didn't have the space I would contact the owner and ask him to store it on his property until he can pay for work done before doing work to the vehicle. If the work was done I would make copies of the documents and take pictures of the work done so if the guy doesn't pay I have documents to go after him. I probably would go to the point of dropping the rig off myself and charge for the delivery.

Right now we have some engine parts in our garage from a friend that have been sitting there for going on 4 years. They were put there when he sold his house but he now has another one he build and has space. We bug him almost everytime we see him, eventually we will just load them up and drop the parts off outside his door.

Seven years is a long time though.

 

[whoopeerabbit]

Thanks to you all..I was asking for suggestions/help, not a raking over the coals by folks seeking a good laugh. I KNOW I was remiss. Nightstick, I really appreciate your insights.

The mechanic openly admitted that he never did the work when I last spoke with him. He has never claimed any lein and never attempted any contact or legal process before 'disposal'. The Bronc was moved back into his pasture, presumably to prevent me from accessing it to check on the progress during the time in question. We have some pretty nasty trespass laws here, and he had loose-running dogs.

I have in hand a written offer for 4500 from another mechanic, dated a month before this all started, and he's willing to get the paper notarized. HE went looking for the vehicle several times also, attempted to contact the mechanic, all with no success. Mighty strange that my bronc disappeared as soon as either of us made inquery.

After a lot of searching, I found out that it DID go the crusher route, but not until the mech removed the rear end and did some trades concerning the engine.

Worth? You tell me. It was a '71. Body and trans all original. Tires with less than 1000 miles, new seat covers. New engine-302. Exhaust system replaced 6 months prior. Needed a hood and had a rusted spot on the passenger floor from a bullet hole (hunting accident) that needed fixed. Original paint. Also, keep in mind that he got the Toyo as well; it has been resold.

He knew that I was going to be laid up for quite a while, and said that was ok-he'd just be able to take his time with the repairs.

Mattoo, you must be very young.

 

[whoopeerabbit]

Looking over the attorney's info, I see a real basis for a civil filing. Here in Texas, before a mechanic can sell a vehicle, he has to file a 'Mechanic's Lien Foreclosure' with TxDOT, send a certified letter, file with the county tax office, have proof that the work was completed, AND cannot have received any payment, as the acceptance of partial payment invalidates the right to sell a vehicle.

After all this research, I truely feel for any other mechanic with a valid claim. The state makes it darned hard to get legal compensation for monies owed.

BTW, in civil suit presentation, use of an attorney is discouraged in a lot of Texas counties.

 

[Izzy]

Hey Whoop,

You gotta do what makes you feel comfortable. Regardless of the advise, it's your decision on how to proceed. I personally hope you are able to get back something regardless of the situation. Good luck to you and keep us posted. We will all be interested.

 

[Nightstick]

I briefly spoke to the detective who was assigned that case
I mentioned earlier. The DA's office would not accept charges in that case for one simple reason, which I'm sure some people here have been guilty of before. Hopefully they will read this and not do it again.

The "owner" purchased the vehicle from the previous owner and at some point had a bill of sale, which she lost, and never got the title changed. By Texas law you have 20 days to change title/registration info on a vehicle. After that any disputes over possession/ownership of the vehicle falls on the registered owner.

Just to clarify I'm talking about criminal charges.

 

[camomog]

Good luck with this. I think the main thing people are forgetting is the fact that while you left it with him for a long time, you contacted him during this time and made many attemts to contact him. He accepted partial payment when he received the Toy, but provided no service of work. You have his property as agreed to and the paperwork for the agreement. The advantage of a lawer is they document everything, file everything, and all corespondance is certified to keep people from saying I didn't receive that, his fee's should be part of the suit anyway. Setting the time a side, he failed to provide the work, accepted partial payment for work not performed, and then got rid of your bronco in a less than reputable way. I hope you get something for all your troubles, maybe it would make this guy think twice before he rips someone else off.