How to pursue legal recourse regarding a service provided by a private individual?

[mach schnell]

I need to discuss my options for legal recourse regarding a private individual's failure to provide an agreed service, for which they have accepted payment.

Can anyone point me in the right direction?

Synopsis: A private individual agreed to repaint my E30. Almost 3 years later, the car is not finished, and the private individual refuses to respond to communication regarding the car's status or estimated completion date.

[gofredo50]

Dude, you've had some bad luck with e30 related purchases....

Depending on the amount and whether or not you have a contract I would look taking things to mediation or small claims court.

[mach schnell]

I need some sort of action that legally requires a response from him. The guy won't answer the phone, or return phone calls. We are separated by more than 6 hours of driving distance, and last I heard, the car was being worked on at his private residence, so it's not like I can show up at his shop unannounced.

[blunttech]

file in small claims But i hope you have a written contract

[DIIRTY-30]

Taking him to small claims court, or hiring a lawyer would be your best option. Though it may be questioned why you have allowed a 3 year duration and not taken action beforehand. It also varies upon your local state and county laws what actions may be taken. Seeking professional legal advice is your best bet. Wish you the best of luck that shit is fucked up.

[markseven]

file in small claims But i hope you have a written contract

This.

It's amazing the response you will get once the sheriff serves them with documents.

[vert_this]

I need some sort of action that legally requires a response from him. The guy won't answer the phone, or return phone calls. We are separated by more than 6 hours of driving distance, and last I heard, the car was being worked on at his private residence, so it's not like I can show up at his shop unannounced.

Go throw a brick through his window and you'll get your response then...

Seriously though I had something very similar happen to me but I hadn't completely paid yet. The guy sprayed the car (ix)and it looked like crap he said he would re-do it. So months went by never heard anything wouldn't call me back so one day I went over there and simply stole it out of his house. He got hooked on oxy from what I was told. I to this day have not spoke to him. He never called to say maybe someone had stole my car nothing. I just wrote it off as lesson learned but I got my car back. GL

[mach schnell]

file in small claims But i hope you have a written contract

Unfortunately, no. And I know that that's where I'm going to get beaten down.

This is actually an in-law (wife's brother) who is a professional bodyshop guy that has been in the business for 10+ years. He manages a large collision shop in Atlanta, but this is not a shop job.

He took on the job almost 3 years ago, willingly and with a handshake agreement to communicate throughout the job and discuss payment etc as we went.

My patience began to wane after a year. At this point, I have no patience for it. Now without any communication, I have no knowledge of what condition the car is in, painted, not painted, etc, nor what funds have been spent or not spent, the whole enchilada.

I may be able to get down to his house with the title in hand and a local law enforcement person in tow, to supervise while I collect up all the parts and flatbed the car home.

Bottom line, I need to be able to talk to someone who's knowledgeable about this kind of thing, and ask a lot of questions.

[vert_this]

U need to get the car back 1st then pursue him for what you paid him, in small claims.

[mach schnell]

U need to get the car back 1st then pursue him for what you paid him, in small claims.

Unfortunately, the car may be in a thousand pieces... such as boxes of bolts, boxes of trim, boxes of whatever. Some painted, some not. I just don't know.

And I'm sure he won't allow me to remove the car from his property until I satisfy him with payment. The trouble is, I don't know how many hours he has spent on it, nor how much money spent on paint and materials, etc. We had discussed a total budget number initially, but I don't know if he has respected that number or not.

The guy won't answer the phone to talk about these things. That's a big obstacle, of course.

I have given him a LOT of latitude as an extended family member. Other extended family members have tried to talk to him about it, and over time, have been beaten down by his stubborn refusal to discuss his progress or lack thereof. He has a bad temper, so they are all afraid of him.

[noid]

Unfortunately, the car may be in a thousand pieces... such as boxes of bolts, boxes of trim, boxes of whatever. Some painted, some not. I just don't know.

And I'm sure he won't allow me to remove the car from his property until I satisfy him with payment. The trouble is, I don't know how many hours he has spent on it, nor how much money spent on paint and materials, etc. We had discussed a total budget number initially, but I don't know if he has respected that number or not.

The guy won't answer the phone to talk about these things. That's a big obstacle, of course.

I have given him a LOT of latitude as an extended family member. Other extended family members have tried to talk to him about it, and over time, have been beaten down by his stubborn refusal to discuss his progress or lack thereof. He has a bad temper, so they are all afraid of him.

It is your car, you have every right to show up with a flat bed and take it home with you. He is the one that would have to file in small claims court the cost of working on the car. He doesn't even have a contract (the same way you dont) so he has no way of showing that you agreed to the work that has been done. Further to that point you HAVEN'T agreed to all the work.

The car may be in a 1000 pieces but at least the most important part which is the body will be there.

Your best bet is to get into town, call the sheriff/police department and tell them you would like their help to peacefully get your stuff and that he has a temper.

[mach schnell]

It is your car, you have every right to show up with a flat bed and take it home with you. He is the one that would have to file in small claims court the cost of working on the car. He doesn't even have a contract (the same way you dont) so he has no way of showing that you agreed to the work that has been done. Further to that point you HAVEN'T agreed to all the work.

The car may be in a 1000 pieces but at least the most important part which is the body will be there.

Your best bet is to get into town, call the sheriff/police department and tell them you would like their help to peacefully get your stuff and that he has a temper.

Interesting. I had not thought of it that way. You are correct, I have not agreed to much of the work done to the car, as he was supposed to discuss it with me as he progressed.

I am going to locate a consumer law attorney and have a consultation to see what my options are at this point.

[noid]

No use in wasting your money on a lawyer at this point, you don't even fully know what you would need to litigate (because it is dependent on the shape of the car).

I would rather make a phone call with the local PD/Sheriff and ask them if they could accompany you to get your stuff. If something isn't legal in their jurisdiction about getting your property, then they will tell you for free (unlike the lawyer).

At the end of the day you would be going to small claims court anyways, you don't need a lawyer.

Side note: is this the M3 that is being held hostage?

[mach schnell]

No use in wasting your money on a lawyer at this point, you don't even fully know what you would need to litigate (because it is dependent on the shape of the car).

I would rather make a phone call with the local PD/Sheriff and ask them if they could accompany you to get your stuff. If something isn't legal in their jurisdiction about getting your property, then they will tell you for free (unlike the lawyer).

At the end of the day you would be going to small claims court anyways, you don't need a lawyer.

Side note: is this the M3 that is being held hostage?

NC has a few consumer resources available that include a lawyer referral program, some of which provide free 30-minute consultations. If I prepare myself appropriately, I can get the basics across and the high-priority questions answered within 30 mins.

Yes, it's my E30 M3. Another reason why I don't want the thing back in pieces. A lot of expensive body panels are involved.

[long tall eta]

brother in law??? get your wife to call mom and have mom rain down the rath of god on him. or at least give him a call.