Mechanic wont return my bike. Civil or Criminal process? | GTAMotorcycle.com

Mechanic wont return my bike. Civil or Criminal process?

E

Eli

Member
I've had my bike in storage over the winter with a particular business. As I know the mechanic associated with the business I asked for and paid with monies up front for some repair work on the bike at the end of March of this year. I estimated I'd get the bike back by mid April. First there was a delay because apparently the tank was sent out to another shop to be cleaned and re-coated and they botched it up and what should have been a week long process ended up taking them over a month. After the tank was finally done I was told I'd have the bike end that week. Never happened. I haven't been able to reach the mechanic by phone and only rarely am I able to get responses via text and email.

On the few occasions I have gotten a response from the mechanic it has been about how he's having issues with his phone and computer (thus having problems responding to me), how the bike is still not ready and that it will be delivered to me at a certain time. Each time I am told I will have my bike returned to me he doesn't show. The last I herd all work on the bike was finished but that he lent out his vehicle that has the trailer hitch and is waiting to get it back so he can transport the bike. It's now July 1st and I still do not have my bike nor have I received any responses to my texts and emails. The repair work I assume was done at the storage location but I do not have the address. Furthermore even if I knew the location I wouldn't have access unless the mechanic was there.

At this point I am looking at trying to obtain a time and location so I can pick up the bike (I cannot ride it as I canceled my insurance) with a delivery service. If that fails I have no choice but to make it a legal matter. Question is, is it a criminal or civil matter? Do I get the police involved or do I have to fight it out in court?

Any advice appreciated.
 
I'd talk to the police, take as much information as possible with you. Perhaps they would be nice enough to accompany you to his premises. Scares me that perhaps he borrowed parts from your bike to fix another and now he can't return it? I'm just guessing but this is definitely suspicious. Lots of people on this forum (including me) have a truck and/or trailer, so don't let that stop you.
 
1. Find out what they claim you owe
2. Go to your local courthouse and get a release order. You will need to give the court the monies supposedly owed
3. Get your bike with order in hand
4. Get lawyer and fight it, great chance to win since you have already proved your remidiation rights by way of the release order and funds put up front (in court hands)
 
Note that there is no dispute over monies owed. I paid in advance and the mechanic at no time mentioned that I need to pay anything more. It is simply that I am being promised my bike back and he's failed to deliver on every occasion. He is extremely hard to reach and basically all I get is excuses and false promises.
 
Are you able to go visit him in person at his shop/place of work? Whether your bike is there or in storage, at least you're confronting him and he can't pull an excuse like phone and/or computer problems.
You'll present him with a question (where is my bike?) and he'll have no choice but to answer (unless he develops instant mutism). From there you'll be able to tell whether he is lying out of his teeth or not about your bike's status.
 
My brother in law went through the same thing with a boat and it is a civil matter. You gave the guy the bike. He didn't steal it. There is a "Misunderstanding" between parties that the police can't untangle.

If you report it stolen and the police find out otherwise there could be charges of filing a false report.

If you can do what Rex suggests and get a court order for release and HE doesn't comply HE is in violation of a court order and could face charges.

Keep it civil so he can't throw back threats in your face.

I had a similar experience with a shop in Mississauga that played "Next week" for a month and a half and it sucks.
 
I don't understand. Do you know where this shop is or not? Simply go to the shop with ownership in hand, and ask for your bike back. Does not matter if the mechanic is there or not, if the shop is open, go collect your bike. Stop phoning or texting, and just go there in person. How hard can that be? If you do not know the location of your bike, or, it is no longer where you dropped it off, ask those people for the location of the bike.
 
Contact the police and tell them your property is being held by someone else without your consent. It was suppose to be returned and you believe the person returning it has taken it for himself which is implied theft. Don't talk to the counter cops they're kinda useless. Talk to a real cop who knows his ****. Your bike is being illegally held by them when they have no legal right to hold your property; that IS theft.

File a small court claims and serve it to the shop/mechanic. Make sure both their names are on it sue them for $25,000.00. Claim everything in there including mental hardship etc... You might want to hire a paralegal to help make the claim (cheaper than a lawyer). When you serve them notice (do it yourself in person) tell them if the bike is returned to you in 24hrs and in the condition that it was suppose to be in you'll drop all of the charges.
 
LiNK666 said:
Contact the police and tell them your property is being held by someone else without your consent. It was suppose to be returned and you believe the person returning it has taken it for himself which is implied theft. Don't talk to the counter cops they're kinda useless. Talk to a real cop who knows his ****. Your bike is being illegally held by them when they have no legal right to hold your property; that IS theft.

File a small court claims and serve it to the shop/mechanic. Make sure both their names are on it sue them for $25,000.00. Claim everything in there including mental hardship etc... You might want to hire a paralegal to help make the claim (cheaper than a lawyer). When you serve them notice (do it yourself in person) tell them if the bike is returned to you in 24hrs and in the condition that it was suppose to be in you'll drop all of the charges.
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++1 I would be all over this guy. Go see him face to face, Do whatever you must to find your bike and get it back. Otherwise what he said....
 
++++++++100000000%

excellent advice man


book a date and time to meet him in person ask a police officer to accompany you they just might... if he doesnt show go straight to court dont even go home.. file for everything, mental stress, physical stress(harder to prove though)waist of your time, possible loss of income if you had to take time of inorder to get your bike back. EVERYTHING MAN
 
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Thanks for the advice. I'm going to arrange to get the location of the bike and have it transported. If that doesn't happen then I'm going to proceed with legal action.
 
Here's a story of how my brother recovered his property. The principal is similiar to your situation. My brother owns and operates a store downtown. He gave an employee a key to the store to close down in evenings. After two weeks the employee stopped showing up to work. He kept trying to get in touch with her to get the key back, but she kept dodging. He went to the police station told them that he's fired her and she is holding the key illegally. Police contacted her and told her that he wants his property back and they'll be going with him to her house in 2hrs to recover it.

He went with police got the key and gave her the rest of her wages.

Just because you gave property to the person for a short amount of time does not mean they can keep it forever. I would take things, sell them and declare that I have no money at courts every month if sued. If they damage the property or something then it becomes a civil matter, but if they keep it then it's theft.

/end
 
btw if it's a matter of trailering the bike. Contact people on this forum... I'm sure lots of them are willing to help a fellow rider out. Pay them gas + booze or whatever their fee is, but you'll have peace of mind knowing you got your bike back.

If they screwed you on doing what was suppose to be done to the bike take full on legal action against them!
 
LiNK666 said:
Contact the police and tell them your property is being held by someone else without your consent. It was suppose to be returned and you believe the person returning it has taken it for himself which is implied theft. Don't talk to the counter cops they're kinda useless. Talk to a real cop who knows his ****. Your bike is being illegally held by them when they have no legal right to hold your property; that IS theft.
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There are sooo many incorect statements above it is hard to keep track.

-If you contact the Police and tell them your situation they will tell you it is a "Civil Matter" as you and the "mechanic" have entered into a verbal contract. If he isn't fullfilling his part of the contract then you take him to small claims.

-The bike isn't being "illegally held". It was given over to the "mechanic" and he is supposed to hold it until repairs are complete. If the OP asks for the bike back (pending money owed is paid) and the "mechanic" won't give it back, then you can contact police.

-A "counter cop" and a "real cop" are the same thing. Sometimes they have station detail, sometimes they are on the road on patrol. Same kind of "cop".

shahfaisal said:
book a date and time to meet him in person ask a police officer to accompany you they just might...
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I doubt they will. They usually have other duties.

It sucks but this is unfortunitly how it works. Follow some of the other good info in this thread regarding taking this to court.
 
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OK, first you need to get something in writing, from the shop, regarding the current status of your bike and any, and all charges that might be outstanding. you need to have something, that states there are no outstanding fees owed, so that the shop can't claim a "mechanics lien." If there are outstanding charges, then a mechanic is permitted to hold your vehicle until full payment is received.

If there are no fees outstanding then you show up with a van or trailer, and take possession of your property. If they do not turn over your property then it is, indeed, a civil matter. Begin proceedings.
 
Personally, I'd take a friend (smart, trustworthy, clear-headed and not easily 'ruffled') with you as well. Can't hurt to have someone there to see and hear what's said if they try to give you the run around again. A witness may come in handy if things progress in a manner that you need to resort to a legal remedy. Just be sure to be clear with your request and claim and keep things civil when you go there so they can't turn it around on you.
 
Turn on audio recording on your cell as well. That's the most impartial witness you can get :cool:
 
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