Mechanics Liens. Need help

[AddictedOffroad]

Well, I recently did a bunch of work for a guy in Kansas on his truck. He paid the 80% up front, but the last 20% was supposed to be paid at the time of pickup. He gave me a check for $1700.

I just found out he placed a stop payment on the check. No clue why since he won't return calls either.

The question I have is, how do I place a mechanics lien on the truck and can I eventually repossess the truck unless he pays? What are my options at this point?

Scotty

[OFRD_GRL]

Did you have any form of contract signed?

If not, do this from now on. Thats why dealerships make you sign something up front.

As far as follow up.. I would imagine a lawyer would be required....?

[scottycards]

I think you're gonna have to sue him. Mechanics lein would be for real property (house, land), not personal property.

You're probably going to have to take him to court, most likely in the county where he resides.

But, I'm no lawyer- just stayed at a Holiday Express Inn last night.........

[Leon Phelps]

Small claims is your friend. Hope you had a tight binding contract, or be prepared to eat it.

[Gunter]

Well, I recently did a bunch of work for a guy in Kansas on his truck. He paid the 80% up front, but the last 20% was supposed to be paid at the time of pickup. He gave me a check for $1700.

I just found out he placed a stop payment on the check. No clue why since he won't return calls either.

The question I have is, how do I place a mechanics lien on the truck and can I eventually repossess the truck unless he pays? What are my options at this point?

Scotty
report to the police for a bad check.
make duplicates of the truck's keys. so you have one LOL
KNOW as best you can where he lives and works.
post his name and address and phone and e mail addy on a public forum.
try to prosecute the bad check.it is a crime! what a crapper,sorry this is your load to deal with.

[Wild Hare]

call the cops, stopping payment on a check that was issued for services rendered is check fraud. over 1000 is felony.

[Wild Hare]

is the truck in your possession? then you can lien it. if you don't have the truck you can't lien it.

[bcw1284]

is this the CTD dodge? repo it and sel it to me, muhahaha.

[Juzzme]

my experience at some of the shops i have worked in . You cant repo the truck or the parts . mechanics lean the sheriff picks up or locks down the equipment untell the debt is paid or small clams court .

[rubbersidedown]

I don't think you can put a lien on the truck, since more than likely the bank still owns it! :confused:

Good Luck!!

[Wild Hare]

you can still lien a vehicle that is financed

[rubbersidedown]

you can still lien a vehicle that is financed

Learn something new every day. :)

[OlBlueCJ7]

I like the idea of getting his CO involved...

[JR4X]

My grandad put an isuzu diesel in a 93 F350 for a guy. Cost him $7000 + with conversion parts and an allison auto. The guy picked the truck up and payed in full. Got it home and did a stop payment on the check. Grandpa tried to put a lien on but because the truck was already gone and out of state he was just out the money unless we STOLE it back. The douche bag owns a tire store in bayfield Co.

[AddictedOffroad]

is this the CTD dodge? repo it and sel it to me, muhahaha.

Yup. Same one. :mad:

[AddictedOffroad]

call the cops, stopping payment on a check that was issued for services rendered is check fraud. over 1000 is felony.

Are you sure of this? I have been looking for something in writing on this. The guy is a Air Force Pilot, and is supposedly checking out for Iraq next week.

The next question is what state law applies here. He is stationed in Wichita, Kansas, but is originally from Washington. All work and transactions were done in Windsor, CO. Can I file a claim locally here and have him served?

[Wild Hare]

if he is in the service, contact his commanding officer immediately. they will take care of it for you pronto

[Wild Hare]

Are you sure of this? I have been looking for something in writing on this. The guy is a Air Force Pilot, and is supposedly checking out for Iraq next week.

The next question is what state law applies here. He is stationed in Wichita, Kansas, but is originally from Washington. All work and transactions were done in Windsor, CO. Can I file a claim locally here and have him served?
file in windsor, scene of the crime. windsor da will advise course of action. calling the air force should be your start

[csutke]

what wild said if hes in the service they will garnish his pay until it taken care off, see it happen to a friend.

[Wild Hare]

I was born and raised in Cheyenne. Had alot of dealings with airforce people stationed at FE Warren. I turned wrenches for years and if anyone skipped out on a bill, a call to the CO got it taken care of quick.

[Steve]

if he is in the service, contact his commanding officer immediately. they will take care of it for you pronto

Yep, one call to his CO will turn his life into a living hell until he pays up in full.

[bcw1284]

yeah, i'v heard that they really frown on gi's skipping out on the bill. I'm sure the military will have no issues in putting their foot squarely up his azz till he pays you or has it taken out of his check.

[Gunter]

if he is in the service, contact his commanding officer immediately. they will take care of it for you pronto
x2
officers usually take that officer and a gentleman crap VERY seriously.--the duty-honor-country stuff
bad checks with an enlisted can be bad..IE a lot of agony for whom ever does it.but an officer writing a bad 1400$ check?
and a felony?
that can be career ending ramifications i'd think.
they did ream that woman Lt a few years back for having sex with a married man(adultery they called it)
what he did is a felony is all 50 states LOL
call the AF and start raising hell.

[Cranky CJ]

+6 on calling his commander or even the squadron ops officer. if you file paperwork with the da, let them know that also. they will plant their boot up his behind. a freind of mine in the AF literally had to prove to the squadorn ops officer he did not owe money an individual said he owed. caused him a lot of grief.

[jeepingpete]

CO can garnish his wages...

[AddictedOffroad]

Just got off the phone with him. I left him a message earlier tonight saying that if I didn't hear from him by tomorrow morning that I was contacting his CO and the local authorities as well as contacting ChexSystems.

Wel,l within 30 mins he was on the phone.

I should have a Certified Funds check by Friday. We'll see.

[Wild Hare]

cool, keep us posted

[clemsonkrawler]

Just got off the phone with him. I left him a message earlier tonight saying that if I didn't hear from him by tomorrow morning that I was contacting his CO and the local authorities as well as contacting ChexSystems.

Wel,l within 30 mins he was on the phone.

I should have a Certified Funds check by Friday. We'll see.


Did he give you a reason for the stop payment on the first check?

[DADA_JEEP]

hint for next time, no truck till the check clears

[SUPERGILDO43]

Just got off the phone with him. I left him a message earlier tonight saying that if I didn't hear from him by tomorrow morning that I was contacting his CO and the local authorities as well as contacting ChexSystems.

Wel,l within 30 mins he was on the phone.

I should have a Certified Funds check by Friday. We'll see.

shit his pants a little bit I would say...

[Jeffro600]

shit his pants a little bit I would say...

Thats the crap part about being in the military. You have no private life. They pry into your finances, your relationships and any other personal problems you might be having. Its understandable because problems at home can and will leach into your job and they want and need everyone focused 100%.

But thats one of the big reasons of many others, why im separating. I dont need daddy CO looking over my shoulder to make sure im paying my bills on time, trying to resolve my relationship issues or giving me punishments AT WORK for something that is not related to my at work duties.

Military isnt a job...its a complete and total lifestyle change. They want and try to control EVERY aspect of your being and personally, ive had enough of it. What you eat, where you sleep, how much you work out, what you do in your off time, where your money goes...etc. If im late on a payment for something because of financial hardships, i dont need another slap to the face by someone else at work. Cant wait to have a job again that i can leave at work when i clock out...seems like i carry my job with me everywhere i go and in everything i do. Its not bad as a new recruit, but once you evolve to NCO status, you eat, breathe and sleep your duty title.

[Steve]

Military isnt a job...its a complete and total lifestyle change.

You didn't know that going in? :confused:

[signman2007]

Thats the crap part about being in the military. You have no private life. They pry into your finances, your relationships and any other personal problems you might be having. Its understandable because problems at home can and will leach into your job and they want and need everyone focused 100%.

But thats one of the big reasons of many others, why im separating. I dont need daddy CO looking over my shoulder to make sure im paying my bills on time, trying to resolve my relationship issues or giving me punishments AT WORK for something that is not related to my at work duties.

Military isnt a job...its a complete and total lifestyle change. They want and try to control EVERY aspect of your being and personally, ive had enough of it. What you eat, where you sleep, how much you work out, what you do in your off time, where your money goes...etc. If im late on a payment for something because of financial hardships, i dont need another slap to the face by someone else at work. Cant wait to have a job again that i can leave at work when i clock out...seems like i carry my job with me everywhere i go and in everything i do. Its not bad as a new recruit, but once you evolve to NCO status, you eat, breathe and sleep your duty title.

Yeah but if you are a piece of shit dirt bag like this guy is and won't budge as far as answering his phone to give the reason for stop check then by all means you have the right (as long as it is within the law) to use any means necessary to get what is yours. Responsibility and honesty is a huge part of the military and if I were a CO I wouldn't want someone like that in my platoon so I would make him pay it back or garnish his wages. People should not think they can hide behind the military anyway (not saying that he is just sayin).

If you enter the military you go in HOPEFULLY with the intention eat sleep and breath your duty, at least I did. The military is no cake walk and the ones that go in with a cake walk way of thinking are the ones complaining about the whole experiance. You are to do what you are told period! Why anyone would go in the military with a mind set that once you move up in rank that you can do what ever you want, hell even the top dogs get told what to do, personally and military.

Sorry I kind of got off subject but all I am trying to say is if you need to go thru his CO then do it I would! :beer:

[SUPERGILDO43]

the reason I am largely going to the military is discipline. I lack it and at my age the only change is a 24 hr hammer in...

I know i will hate it sometimes, and I think I will love it sometimes too, and when I get out I will be happy with the transformation I am sure of it.

When i was in high school I had the biggest asshole dirty fighter wrestling coach ever. he made my life hell but he whipped me into shape. I miss that guy and everything he did for me in high school...

[Gunter]

great news!! good luck !

[Jeffro600]

You didn't know that going in? :confused:

No, i knew it...but it gets old and its just time to move on. I feel im adult enough now to make my own decisions regarding where my life is gonna go and what im going to do. Not what someone else thinks is best and i certainly dont need a nanny on my shoulder telling me what to do in not only my career but my life.

[Steve]

No, i knew it...but it gets old and its just time to move on. I feel im adult enough now to make my own decisions regarding where my life is gonna go and what im going to do. Not what someone else thinks is best.

:thumbsup:

[Jeffro600]

Yeah but if you are a piece of shit dirt bag like this guy is and won't budge as far as answering his phone to give the reason for stop check then by all means you have the right (as long as it is within the law) to use any means necessary to get what is yours. Responsibility and honesty is a huge part of the military and if I were a CO I wouldn't want someone like that in my platoon so I would make him pay it back or garnish his wages. People should not think they can hide behind the military anyway (not saying that he is just sayin).

Neither of us know his situation so to call him a piece of shit is uncalled for. Sure, he didnt pay but we all fall on hard times...not saying its an excuse in any way, shape or form for what he did though, but things do happen and we dont know the whole story.

But what chaps my ass is how when deals go sour and people find out the person is in question is in the military, they go for the throat before trying to resolve the issues at a personal level. Not saying you did this Scotty, just trying to make a point.

For instance... A year ago i was at a bar with a couple friends enjoying our friday evening and kicking back. We were sitting opposite side of the bar to a group of younger airmen who were being a bit loud. Not totally uncalled for inside a bar but a bit noisey none the less. After the owner asked them to quiet down, they again got loud and he asked them to pay their tabs and leave. They figured we were with them and asked us too leave also. That kinda irked me being guilty by association. The next monday, i get a call from my supervisor saying he needs me in his office..NOW! I went there and was handed an LOR(which is the civilian equivelent of a half-way serious writeup at work) for being disorderly in public. The owner felt it upon himself to come to the front gate and give all of our names out(paid with credit cards) to the wing commander. The commander flipped out and slapped every single one of us with paperwork. I asked why i was receiving paperwork and was told its because i was the ranking individual there and should have done something about it. :mad: Are you Fawking kidding me? I was sitting there enjoying a beer and someone else was being obnoxious and im getting busted for it?? Even despite several witnesses, they could care less. A civilian comes and complains, military goes for the throat.

Two years ago i got pulled over for speeding...72 in a 65...big deal right? Wrong! The officer saw my base sticker on my windshield and said "Oh, your in the military?? Give me your first sergeants name cuz im going to report that his troops are not following the law." :rant: I complied and was chewed out by my shirt, once again for something that was done in my off time and had nothing to do with the military.

Dont get me wrong, the military has been great to me and has done alot for me, but when you get people complaining about what you do on your own time and it in turn gets you busted, it really makes me appreciate being a civilian once again here really soon. The whole, their in the military so i can tell and get what i want and wont use other means of pursuance mentality sucks ass. Anywho, sorry to completely hijack your thread... :flipoff2:

[Wild Hare]

on that note you would think that knowin uncle sam was always looking over your shoulder the correct decisions would be made all the time.
as for the original post, being down on your luck is saying i don't have the money right now can i pick up the truck in a month. not write a check and then stop payment. thats straight up bullshit.

[SUPERGILDO43]

Dont get me wrong, the military has been great to me and has done alot for me, but when you get people complaining about what you do on your own time and it in turn gets you busted, it really makes me appreciate being a civilian once again here really soon. The whole, their in the military so i can tell and get what i want and wont use other means of pursuance mentality sucks ass.

Life is full of give and takes. You cant have your cake and eat it too, its a negative but you said the military HAS BEEN GREAT to you, which negates many complaints IMO :shrug:

[Oscar]

Uhm remember the saying 24/7. You are never not in the AF or what ever branch.

[Jeffro600]

Uhm remember the saying 24/7. You are never not in the AF or what ever branch.

Yup, which is a big reason why im seperating. When i take my work clothes off, i want to be Jeff. Not Sgt Clemons.

Life is full of give and takes. You cant have your cake and eat it too, its a negative but you said the military HAS BEEN GREAT to you, which negates many complaints IMO

It has been great...it got my a college education, a trade i can use in the civilian sector, lets me afford toys and hobbies i enjoy and pays the bills.

But it comes at too high of a price IMO. Like Oscar said, its 24/7...365 days a year. When people joke about signing your life away, their arent kidding!! I had no problem giving my service to my country or dedicating myself to it...its the little BS things the recruiter doesnt tell you that you have to deal with that makes military life suck quite often. I dont want to make my job my life. There are far too many things in life to enjoy than to dedicate my entire self to work. Ive paid my dues, ive done my time and its time to move on to bigger and better things(and things that pay much more :flipoff2: )

[SUPERGILDO43]

Yup, which is a big reason why im seperating. When i take my work clothes off, i want to be Jeff. Not Sgt Clemons.



It has been great...it got my a college education, a trade i can use in the civilian sector, lets me afford toys and hobbies i enjoy and pays the bills.

But it comes at too high of a price IMO. Like Oscar said, its 24/7...365 days a year. When people joke about signing your life away, their arent kidding!! I had no problem giving my service to my country or dedicating myself to it...its the little BS things the recruiter doesnt tell you that you have to deal with that makes military life suck quite often. I dont want to make my job my life. There are far too many things in life to enjoy than to dedicate my entire self to work. Ive paid my dues, ive done my time and its time to move on to bigger and better things(and things that pay much more :flipoff2: )

well tell me these things, I need to know them and how to deal before I leave.

also, what about your month of paid leave a year??

[Jeffro600]

also, what about your month of paid leave a year??

What about it... :shrug: PM me with any questions and lets not clog up Scottys thread anymore than we already have :P

[SUPERGILDO43]

you said 24/7 365. its not 24/7 335???

[Oscar]

still accountable even on leave had way many troops frorget that one

[Jeffro600]

you said 24/7 365. its not 24/7 335???

I still get calls, handle issues and deal with crap...even when im on vacation... :rolleyes:

Not to mention, your still accountable for what you do when your on leave.

[SUPERGILDO43]

I still get calls, handle issues and deal with crap...even when im on vacation... :rolleyes:

Not to mention, your still accountable for what you do when your on leave.

so if i am in antartica polar bear watching I will have to intall phone satellites?

[Jeffro600]

so if i am in antartica polar bear watching I will have to intall phone satellites?

You think thats gonna be your only duty?? HA!!! :spit:

[SUPERGILDO43]

what polar bear watching? :flipoff2:

[Jeffro600]

what polar bear watching? :flipoff2:

Just wait till you get your own troops...then your not only responsible for what you do on and off duty, but what they do also.

If i get one more call to bail someone out of jail at 3AM, have to spank airman snuffy for not paying his star card on time or have to testify in court cuz my little angel beat his wife one more time, im gonna hurl.

[SUPERGILDO43]

I will make the troops clean my cars, house and yard in exchange???

[Jeffro600]

I will make the troops clean my cars, house and yard in exchange???

Then youll get slapped with wrongful use of supervisor power...or some crap...theres a technical military term for it but it escapes me at the moment...theres one for everything. :flipoff2:

Basically, even if your right and everyone agrees with you, your wrong if someone higher up sees it as such.

[SUPERGILDO43]

Then youll get slapped with wrongful use of supervisor power...or some crap...theres a technical military term for it but it escapes me at the moment...theres one for everything. :flipoff2:

I will say they volunteered as a friendly gesture and then use my supervisor powers of testimony to outwit them...


ok back on topic

[AddictedOffroad]

Honestly, if it had gone to the point of calling his CO, then yes, I would have done it. I am a small shop and cannot afford to have $1700 just taken out of my account. It takes food off my family's table.

What all of this came down to was him wanting me to warranty and replace used parts. I was very clear right before he left that I couldn't warranty anything that was used, but if it was a problem with anything that I fabbed or installed that I would do my best to take care of him.

So, it all started when he had a complaint that when he hit the brakes it would pull slightly to the right. Keep in mind, that he never mentioned it on our test drive, nor had a concern until after he drove the truck 600 miles back to Wichita. However, I did put brand new rotors and pads on the rig before it left. I also repacked the bearings and even cleaned and regreased the kingpins. So, I told him to take it into a Meineke brake shop for a free inspection. Basically, they told him that they recommended replacing both calipers and doing a complete brake system flush. To the tune of $500.

So, I called the tech at Meineke and talked to him. He told me "off the record" that there wasn't anything actually wrong with the calipers that he could find, but that the driver's side one was missing a spring clip and that was likely the problem. Since they can't order the spring clip themselves, they needed to order a loaded caliper. Whenever they order one, they recommend ordering two to match them. The brake system flush is just an "add on" that they do on every brake job.

Anyway, my customer demanded that I pay the $500 to fix it. I explained that I would replace the one caliper ($23.99 my price) or find the proper clip that was needed, but he was on his own for labor. That means I would be replacing a used part on good faith. That was the last I heard from him. He placed the stop payment immediately and wouldn't return my phone calls until I mentioned contacting his Commanding Officer.

All of this over a $23 caliper that wasn't my responsibility to replace, but told him I would anyway..................:rolleyes:

[SUPERGILDO43]

well good thing it is all getting handled. good luck