Moose Posted October 20, 2008 #1 Posted October 20, 2008 Okay, here's the latest story in this never-ending saga of my bike: The parts that haven't been returned were in a van that was stolen. I guess he was just too embarrassed to tell the Yamaha dealer who had been trying to contact the painter 30 times a day since July. Now, the dealer tells me that he's waiting for the painter to give him some money so that he can order a new fairing and cowlings for me. I told the dealer to find out how long it is for delivery, to order the parts, and when they come in I will pay him the $2200 I owe for the original paint job. Any costs over that can be dealt with between him and his painter. I'm waiting for a reply from the dealer. If he declines that offer I will be forced to go get a lawyer -- something that I'm loathe to do, but may have to. Man, I'm tired of this mess. I just want to get the bike back together so that I can ride next year. Anyway, that's the latest news in my tale of woe. chuck
Iowawegian Posted October 20, 2008 #2 Posted October 20, 2008 Can you file small claims against him? It usually costs about $30.00 with no need for an attorney. Once they get served....they usually pay up. If he doesn't pay up, you will most likely win. The good thing about small claims is that you will have a lien against any property (house, business, etc)he owns, and if he ever goes to sell it, he has to cough up the dough, otherewise it won't be a clear title.
BIG TOM Posted October 20, 2008 #3 Posted October 20, 2008 SOUNDS LIKE A REAL MESS..GOOD LUCK WITH YOUR ENDEVOR AND KEEP US POSTED...WOULD LIKE TO KNOW HOW IT ALL TURNS OUT ..
Bob Myers Posted October 20, 2008 #4 Posted October 20, 2008 Most states the limit on small claims court is $1500.00
BigBoyinMS Posted October 20, 2008 #5 Posted October 20, 2008 Most states the limit on small claims court is $1500.00 Hmm... File 2 claims. One for the fairing, one for the rest. This is why I try to learn to do as much as I can. I hate paying other people to screw up something that I can screw up myself.
BOO Posted October 20, 2008 #6 Posted October 20, 2008 Can you file small claims against him? It usually costs about $30.00 with no need for an attorney. Once they get served....they usually pay up. If he doesn't pay up, you will most likely win. The good thing about small claims is that you will have a lien against any property (house, business, etc)he owns, and if he ever goes to sell it, he has to cough up the dough, otherewise it won't be a clear title. That's not exactly how it works in Illinois. Although he can go to court for the small claim, after he wins that he has to go back and make the guy show his assets and maybe the Judge will let him go after them. More than likely the guy can ask for a payment plan and if the Judge goes along he could be paying it back at 5 bucks a month or so. Real pain, been there several times. Better to try and get something out of him before going to court if possible. Jerry Most states the limit on small claims court is $1500.00 I think we are up to something around $2,500.00 here in Illinois, I remember my wife saying something about it the other day but of course I was not paying attention as usual. Jerry
Iowawegian Posted October 20, 2008 #7 Posted October 20, 2008 In Iowa the maximum amount is $5,000.00. Even though he might not collect anything, it still should show up as a judgement or lien so that it makes it impossible for him to sell his house down the road until it's paid. For example: If he should put his house up for sale... doesn't matter if it's tomorrow or 20 years from now, when the abstract is sent off to be continued or to the title company, the lien will show up, and no lender will allow the buyer to continue with the purchase until the judgement is satisfied. He's never going to be able to sell his house until he's paid it. I've seen a lot of people all of the sudden pay up with small claims, because they know it can really hurt them down the road. Good luck!
BOO Posted October 20, 2008 #8 Posted October 20, 2008 Well my wife is now home from work and she said in this county the small claims limit is now $15,000.00. ---just shows what I know--- But just because you get a judgment against someone you still have to return to court to try and make them pay up. She also said besides going after checking, savings etc you can also go after homes with a lien and the persons wages of course. But I got to assume this painter is probably an independent business man (I use the term loosely) so the wage thing would be tougher to get. Of course it could be some dude that owns nothing, no money and no full time employment. At any rate, good Luck Moose and I hope things work out for you. Jerry
hipshot Posted October 21, 2008 #9 Posted October 21, 2008 Okay, here's the latest story in this never-ending saga of my bike: The parts that haven't been returned were in a van that was stolen. I guess he was just too embarrassed to tell the Yamaha dealer who had been trying to contact the painter 30 times a day since July. Now, the dealer tells me that he's waiting for the painter to give him some money so that he can order a new fairing and cowlings for me. I told the dealer to find out how long it is for delivery, to order the parts, and when they come in I will pay him the $2200 I owe for the original paint job. Any costs over that can be dealt with between him and his painter. I'm waiting for a reply from the dealer. If he declines that offer I will be forced to go get a lawyer -- something that I'm loathe to do, but may have to. Man, I'm tired of this mess. I just want to get the bike back together so that I can ride next year. Anyway, that's the latest news in my tale of woe. chuck MAN!!! you must have the patience of Job! i would have done SHOT me a couple of people! just jt:mugshot:
Yammer Dan Posted October 21, 2008 #10 Posted October 21, 2008 MAN!!! you must have the patience of Job! i would have done SHOT me a couple of people! just jt:mugshot: I would have already gotten stupid!!
Bob Myers Posted October 21, 2008 #11 Posted October 21, 2008 Well my wife is now home from work and she said in this county the small claims limit is now $15,000.00. From the Illinois courts website;The maximum judgment allowed in small claims court is $10,000.00 plus costs; therefore, your claim may not exceed $10,000.00. Wish Ky had a limit that high.
Redneck Posted October 21, 2008 #12 Posted October 21, 2008 Sorry I must have missed the previous posts but from what I am seeing here you are dealing with a dealer. If the dealer disassembled the bike and sent the parts to a contract painter you have no need to deal with the painter. I would simply tell the dealer to supply me with a loaner bike while they straighten out their situation. I would think if push comes to shove the dealer can be made to pay. Good luck
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