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Won a lawsuit against body shop but need help...

  • Thread starter Thread starter 66moneypit
  • Start date Start date Apr 2, 2005
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66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#1
  • Apr 2, 2005
  • #1
I was working with a bodyshop and they were doing good work. That went on for 9 months or so... then one day the owner of the bodyshop calls me up and ask for an advance payment to do some work...in exchange for cutting me a break on the labor. We agreed, I got it in writing and to make a long story...short.... he basically welched on the deal. I took him to court and won a small claims decision for $1700.00. The problem is....I HAVE TO COLLECT the money. The courts will help but it's civil law so there isn't much fear in him from that stand point. He has since shut down the garage.

I can't go after his house cause that's in his wife's name. I can't go after the cars cause they are in her name. And he didn't actually own the garage, he was renting it. The state of Va allows for me to take items of his and sell them to recover the damages. Here is the question... What tools should I put in the paperwork that would be of value ? I am not a mechanic or a bodyman...just someone who loves cars. I know he had:

A paint spray and air compressor,
welding equipment but I am not sure what kind.
All his wrenches and tools.
Not to mention misc old parts here and there of value.

What might these items be worth used... ? The sheriff would seize the items and then sell them and give me the money.

What else would a Mustang body man have that might be of value that I can seize. I am pissed off and gave this man over a year to finish and he sat on his ass. I WILL get my money back even if it takes me 10 years. If there are any civil lawyers in VA who want to help a fellow stanger out I'd appreciate it.

The other thought I had was....getting this judgement nullified and suing him and her so I can actually put a lien on their property....
 

dolfan87

Founding Member
Dec 28, 2000
1,242
0
0
Lake Havasu, AZ
www.finheaven.com
Apr 2, 2005
#2
  • Apr 2, 2005
  • #2
Is his wife worth 1700.00? J/k man.

Welders and air compressors are a good start. Spray guns aren't really worth much, but if you have to nickle and dime it to get your money then do what you have to do.

Top name hand tools like Snap On, and Mac, ect. are always worth money.

good luck.

87
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#3
  • Apr 2, 2005
  • #3
dolfan87 said:
Is his wife worth 1700.00? J/k man.

Welders and air compressors are a good start. Spray guns aren't really worth much, but if you have to nickle and dime it to get your money then do what you have to do.

Top name hand tools like Snap On, and Mac, ect. are always worth money.

good luck.

87
Click to expand...

If I posted a pic of his wife your response would be not just no....but hell no....

It's a matter of principal for me.... I was trying to help him out and he turns around and does that.
 
T

The Hopkinator

New Member
Dec 5, 2002
146
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NC
Apr 2, 2005
#4
  • Apr 2, 2005
  • #4
your S.O.L. There is no "civil police" to enforce the judgement, so to speak. It will ultimately go down as an unpaid judgement.. I wouldnt count that money ever hitting the account..
 

hauoli63

New Member
Feb 28, 2004
178
0
0
Northern Virginia
www.chantillyplumbing.com
Apr 2, 2005
#5
  • Apr 2, 2005
  • #5
We own a business and had a builder we did work for screw us out of $7,000.00 ... got a judgement against his business and him personally. I doubt if we will ever see the money unless he goes to buy a house with his name (not his wife's) on it .... Getting the judgment is usually the EASY part, collecting is the hard part. I'm really sorry for what you are going through ...
 

DarkBuddha

Founding Member
Dec 11, 2001
2,215
1
47
53
Seattle & Tampa
Apr 2, 2005
#6
  • Apr 2, 2005
  • #6
If you can take anything of his, take it all. If it's sold at auction, you can expect to get less than what it's worth, so trying to decide the value of anything isn't useful. You should also look into garnishments and levys on any and all bank accounts that have his name. Even if they're joint accounts with his wife, you can get your coin.
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#7
  • Apr 2, 2005
  • #7
The Hopkinator said:
your S.O.L. There is no "civil police" to enforce the judgement, so to speak. It will ultimately go down as an unpaid judgement.. I wouldnt count that money ever hitting the account..
Click to expand...

I thank your for your positive words of encouragement.....
I am not SOL... as long as I have a judgement and the determination to collect on it....
 
6

69 Capecod

New Member
Aug 30, 2004
97
0
0
Cape Cod MA.
Apr 2, 2005
#8
  • Apr 2, 2005
  • #8
some one here said it right Your S>O>L>
unless hes willing to just hand over his tool to you Its going to cost you more money to get your money by the time its over eat your pride and walk away.
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#9
  • Apr 2, 2005
  • #9
DarkBuddha said:
If you can take anything of his, take it all. If it's sold at auction, you can expect to get less than what it's worth, so trying to decide the value of anything isn't useful. You should also look into garnishments and levys on any and all bank accounts that have his name. Even if they're joint accounts with his wife, you can get your coin.
Click to expand...

I have to do a little investigative work to see what checking or savings account he may have. He hasn't worked any other place as far as I can tell so I don't think levy's will help. I am hoping he's got some cars in his name that I can seize... Like I said....I am determined to get my money...
 

YellowMach69

Founding Member
Aug 5, 2002
371
0
16
66
buffalo new york
Apr 2, 2005
#10
  • Apr 2, 2005
  • #10
I say we Go kick his ass !! 1,700 Dollars worth and then check out his wife and see if his daughters atre over 21 heheh ...just kidding guys !!
 
S

Soaring1

Banned
Jan 3, 2003
144
1
0
Texas
Apr 2, 2005
#11
  • Apr 2, 2005
  • #11
66moneypit said:
I was working with a bodyshop and they were doing good work. That went on for 9 months or so... then one day the owner of the bodyshop calls me up and ask for an advance payment to do some work...in exchange for cutting me a break on the labor. We agreed, I got it in writing and to make a long story...short.... he basically welched on the deal. I took him to court and won a small claims decision for $1700.00. The problem is....I HAVE TO COLLECT the money. The courts will help but it's civil law so there isn't much fear in him from that stand point. He has since shut down the garage.

I can't go after his house cause that's in his wife's name. I can't go after the cars cause they are in her name. And he didn't actually own the garage, he was renting it. The state of Va allows for me to take items of his and sell them to recover the damages. Here is the question... What tools should I put in the paperwork that would be of value ? I am not a mechanic or a bodyman...just someone who loves cars. I know he had:

A paint spray and air compressor,
welding equipment but I am not sure what kind.
All his wrenches and tools.
Not to mention misc old parts here and there of value.

What might these items be worth used... ? The sheriff would seize the items and then sell them and give me the money.

What else would a Mustang body man have that might be of value that I can seize. I am pissed off and gave this man over a year to finish and he sat on his ass. I WILL get my money back even if it takes me 10 years. If there are any civil lawyers in VA who want to help a fellow stanger out I'd appreciate it.

The other thought I had was....getting this judgement nullified and suing him and her so I can actually put a lien on their property....
Click to expand...
You are SOL. Legally, you can't take a man's tools in order for him to make a living, just like you can't take his car to get to work to make a living. You just got screwed, so live with it. Pick a better and more reputable bodyman in the future.
 

67coupe351w

New Member
Jan 31, 2004
424
0
0
Portland, OR
Apr 2, 2005
#12
  • Apr 2, 2005
  • #12
Soaring1 said:
You are SOL. Legally, you can't take a man's tools in order for him to make a living, just like you can't take his car to get to work to make a living. You just got screwed, so live with it. Pick a better and more reputable bodyman in the future.
Click to expand...


So we should throw all the bank owners in jail who reposess peoples vehicles? Cause comon, its illegal to take away a persns means to get to work right... I think judge judy would scream somethign about taking the bus at this point.

also

The sheriff would seize the items and then sell them and give me the money.
Click to expand...

Doesn't sound SOL to me.
 

FasterThenU72

New Member
Nov 2, 2004
108
0
0
41
Orange County, CA
Apr 2, 2005
#13
  • Apr 2, 2005
  • #13
are you allowed to take home appliances, like surround sound systems, tv's, etc....? What if he has a pool table or something of that sort, that'd bring in a nice chunk of change...
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#14
  • Apr 2, 2005
  • #14
Soaring1 said:
You are SOL. Legally, you can't take a man's tools in order for him to make a living, just like you can't take his car to get to work to make a living. You just got screwed, so live with it. Pick a better and more reputable bodyman in the future.
Click to expand...


I am glad I don't have some of you guys attitude about this....geez....maybe you are right....but !@#$% that.... I am gonna try. This body man has won awards....so I had no reason to doubt his work or that he'd do it. And as far as taking his tools....or his car.... He's got several cars....I think he will live without one. They aren't great cars....but they will put a dent in what he owes me.

Back to my original reason for this post.... any idea what the welder and compressor might go for ?
 

jerry S

New Member
Sep 3, 2003
1,365
1
0
52.22N 5.12E
Apr 2, 2005
#15
  • Apr 2, 2005
  • #15
The Hopkinator said:
your S.O.L. There is no "civil police" to enforce the judgement, so to speak. It will ultimately go down as an unpaid judgement.. I wouldnt count that money ever hitting the account..
Click to expand...

That is what the county Sheriff is for.
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#16
  • Apr 2, 2005
  • #16
FasterThenU72 said:
are you allowed to take home appliances, like surround sound systems, tv's, etc....? What if he has a pool table or something of that sort, that'd bring in a nice chunk of change...
Click to expand...

Hadn't thought about that FasterThenU72.... I am sure he's got some stuff like that. . I will have to talk to the local county clerk to see what my options are. Not sure how specific I have to be about the items I'd like to have seized. It's been really helpful talking to the court clerks....
 

jerry S

New Member
Sep 3, 2003
1,365
1
0
52.22N 5.12E
Apr 2, 2005
#17
  • Apr 2, 2005
  • #17
66moneypit said:
I was working with a bodyshop and they were doing good work. That went on for 9 months or so... then one day the owner of the bodyshop calls me up and ask for an advance payment to do some work...in exchange for cutting me a break on the labor. We agreed, I got it in writing and to make a long story...short.... he basically welched on the deal. I took him to court and won a small claims decision for $1700.00. The problem is....I HAVE TO COLLECT the money. The courts will help but it's civil law so there isn't much fear in him from that stand point. He has since shut down the garage.

..
Click to expand...

how was he doing business? Was he a sole proprietor, LLC, LLP, Inc, something else?
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#18
  • Apr 2, 2005
  • #18
jerry S said:
That is what the county Sheriff is for.
Click to expand...
Exactly Jerry !!!!!!
 
6

66moneypit

Member
Dec 28, 2004
536
0
17
Northern Va
Apr 2, 2005
#19
  • Apr 2, 2005
  • #19
jerry S said:
how was he doing business? Was he a sole proprietor, LLC, LLP, Inc, something else?
Click to expand...

H was doing business as a sole proprietor. He was not incorporated. I checked with the state.
 

dodgestang

Active Member
Dec 15, 2003
1,360
0
37
53
Cecil County, MD
www.dodgestang.com
Apr 2, 2005
#20
  • Apr 2, 2005
  • #20
Just sell the judgement to a collection agecy at 50%-60% of its value.

You will recover some, and you will sleep well at night knowing that his life is about to get turned into a living nightmare.
 
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