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View Full Version : Advice Needed: My car is in a closed up shop



DRRummel
08-27-2008, 12:45 AM
The short question:
I was told that if the body shop’s landlord gets tired of dealing with Frank and his lack of paying rent, they can sell off Frank’s tools and my car to cover their back rent. I was very clear that I have the title to the car and I was told that is not how it works. This can’t be true. How can someone sell my titled car to recover back rent?


The long story:
First of all, things are not quite as bad as the title suggest.
Frank has been doing great body work and paint on muscle cars and local hot rods for 22 years. But he is a bit charter and most employers would not put up with him. I have talked to one of his past bosses and there is no complain about his work. But it is best if he works for himself. He can’t keep a schedule. If he says he will stop by Tuesday, forget it. It most likely will not happen.

Back around November he had four to six cars in his rented shop and he disappeared. I found him a month later and he said he was getting his life back together. He and his friends think he just had to much work (I don’t understand that point). He had been taking payments from me as he did work.

Around January he started working for someone else so he had a steady income to pay the bills and he did manage to get the primer on my car while working the weekends at his shop. He also got the Pro Stock Nova and 66 Mustang done and out the door.

In March I saw my car with a blue ‘sealer’ on it.

Frank rents his space from Cobras by Maxx and just a month ago he needed another 500.00 to make is rent. I gave it to him. But I don’t think he has touched the car since March. He said it was “to stinking hot to paint” or “He can’t work seven days a week, he needs to get away”.

Now I am starting to run out of patients. I want to nail down the final price ( I did add some additional work to the original quote) and then press him for a completion date. But he never stops by when he says he will. I don’t want to be hard nosed about not paying him more rent money when he is in a hard place. If I saw progress I would be glad to give him more money.

Now for the kicker. I was told that if the body shop’s landlord gets tired of dealing with Frank and his lack of paying rent, they can sell off Frank’s tools and my car to cover their back rent. I was very clear that I have the title to the car and I was told that is not how it works. This can’t be true. How can someone sell my titled car to recover back rent?

Mitternacht
08-27-2008, 12:51 AM
Buuulllllllll....sssshhiit. They own the building, not the contents. Sounds like a false scare-tactic threat to me.

blizzard
08-27-2008, 12:56 AM
they can't. sorry about frank but you might wanna go to the lessors and recover your property. back rent an'at would likely have to go thru a magistrate for them to assume possession of his property, where you might have to take your title to show proof of ownership??

tylerstepp
08-27-2008, 09:41 AM
they could sell off his things but not yours

How Much?
08-27-2008, 10:30 AM
Try goin with the proper way first!!! If,,,,And only if its the last resort, grab a Ballbat, and do a little REPO work!!!:thumbsup:

casper gt
08-27-2008, 12:34 PM
don't know where you guy's have been but they absolutely can put a lean on his car & the tool's/etc. watched it happen twice to two different people in two diffrent situations. talk to the landlord & makie a deal to get your car out of there today don't wait!

no1sirbutler
08-27-2008, 01:08 PM
im a landlord in WV and we cant sell your items but we can hold them. I have to hold them for up to 7 yrs before I can sell them to recoupe my money. It doesnt matter who it belongs to, if its in my house its mine for the 7 yrs unless you pay me. But im sure if you go talk to the landlord he will give you the car back. This is a lot different than renting a house.

PunisherStang
08-27-2008, 01:32 PM
thats bs...its your car i would just go an take it back...call that dude up an tell him he needs to give you some money back an let you in the garage so you can take your car back or somewhere else to get the job finished

no1fordgirl
08-27-2008, 02:14 PM
That sucks. Dont have any advice for ya.. but good luck

DRRummel
08-27-2008, 04:01 PM
Buuulllllllll....sssshhiit. They own the building, not the contents. Sounds like a false scare-tactic threat to me.
I was not clear about the comment about selling my car. Neither the landlord or Frank has hinted at it. Both have been very clear that "it is okay and don't worry. Nothing will happen to your car."
It was a buddy of mine that was planting the seeds of doubt.

DRRummel
08-27-2008, 04:05 PM
don't know where you guy's have been but they absolutely can put a lean on his car & the tool's/etc. watched it happen twice to two different people in two diffrent situations. talk to the landlord & makie a deal to get your car out of there today don't wait!
That is what I have heard a few times. Most people don't believe it. can you provide any more information on the situation you saw?

2001GTTT
08-28-2008, 01:08 AM
go get your car. period. that is ridiculous, break the door down and take it.

Christine57
08-28-2008, 11:28 AM
I hope you have receipts! First, contact the landlord and make arrangements to get your car out of there. If the landlord refuses, go to local magistrate to make arrangements there. However, documentation is everything--dates and times you spoke to landlord, letters etc... The landlord has to give notice to all the owners who's vehicles are locked into his property. I suggest being very cordial to get your car out. If the landlord refuses to be nice, then you do have the law on your side. He is however able to hold onto the lesser's property and that's all.

u1arunit
08-28-2008, 11:30 AM
go get your car. period. that is ridiculous, break the door down and take it.

I would not break down the door but call the police and tell them someone stole your car and that you know where it is. That should start some shit. LOL

Mitternacht
08-28-2008, 06:18 PM
I would not break down the door but call the police and tell them someone stole your car and that you know where it is. That should start some shit. LOL

http://images3.wikia.nocookie.net/uncyclopedia/images/thumb/e/e1/Guiness-Brilliant%21.jpg/200px-Guiness-Brilliant%21.jpg

Ares
09-01-2008, 04:52 PM
I would just go get the car and take it somewhere else to get finished. Wash your hands of your current guy and don't look back.

Guy over on Modular Misfits that just went and got his car back from a well recommended chassis shop that did ZERO to it in I think 7 months.

mustang50lx
09-01-2008, 07:54 PM
You need to get the car back asap period before you do lose it. There are to many good shops to put up with that BS.

DRRummel
01-01-2009, 04:17 AM
I have my car back.
Well most of it.
I have been talking to the painter when his cell is working (paid for?). He needed to move out of the old shop so the owner could rent the space. So he has all the 'removalable' parts at his new job. What is left is back home. Even if thing go south with the rest of the parts, they can be easily replaced.

The painter says that now that he is not self employeed, he has heath benefits. I can understand that. He also said that he new employer said that he might be able to use the dealership's paint facilities starting in March.

http://www.drrummel.com/Mustang/HomeAgain/TTop87Stripped.jpg.JPG

crazylou
01-01-2009, 10:45 AM
first off sounds like frank has a problem drugs or drinking,second their is no way any1 can hold ur property if u show ownerships for 1yr or 7yrs thats still bullshit..... they can sheriff sale his stuff and his stuff only,but would not wait either would get car asap... JUST SHOW PROF OF OWNERSHIP AND U'LL BE FINE... PLUS THE HARD WORK IS DONE ON CAR, ALREADY SEALED RITE, JUST BASE AND CLEAR THATS EASY PART

billyNOTnice
01-01-2009, 11:04 AM
You should call the police, or another form of legal advice.