the law "stole" my truck !!

[KennethS]

This story does not sound right.

If you have a clear title and bought this off a dealer then he is the one you half to go after. Lets hear the whole story.

 

[hikethemtns]

Thanks guys, i don't have the truck financed, apparently the truck was taken without the shops permission. Not sure i understand this mechanic lein stuff, i would assume the mechanic lein would have to be filed with dmv but to date there's been no lein filed through dmv. To make matters worse now the crooked dealer dummied up a work order with my name on it. I have contacted a lawyer but am not impressed with him. Any lawyers or friends of lawyers out there that could offerm some advice? thanks , jim

 

[JasonCzerak]

Thanks guys, i don't have the truck financed, apparently the truck was taken without the shops permission. Not sure i understand this mechanic lein stuff, i would assume the mechanic lein would have to be filed with dmv but to date there's been no lein filed through dmv. To make matters worse now the crooked dealer dummied up a work order with my name on it. I have contacted a lawyer but am not impressed with him. Any lawyers or friends of lawyers out there that could offerm some advice? thanks , jim

If your signature isn't on that work order. Then I think you have a slightly better case in your favor.

 

[hikethemtns]

Please go over my story with a fine tooth comb as that's exactly what the other sides attorney is going to do. Not sure what murle means by saying i posted this april of 05 as i posted it yesterday. I was issued a clean title by dmv [no leins recorded by state] Yes the default judgement is against me not the truck, so i'm not sure how they recieved a court order to reposses it. As far as my story not adding up i'm not sure what else to tell you, any help is appreciated.

 

[klenger]

If the dealer (assuming a Dodge or DC dealer) falsified a work order in your name before you even owned the truck, DC might just be interested in knowing about that. This has scam all over it.

 

[UP N MTNS]

It would seem that if you can show a bill of sale dated after the work was done, that any reasonable court in the land would not hold you responsible, but what do I know.

I would agree with the above 100%.



What was the date you purchased the truck?



What state and county is this taking place in?



Whats the dealer ships name that forged your name on a work order?



Whats the shops name that installed the Jake on the truck and filed the lien?



Come on give us some info... .

 

[Deleted member 995608]

Was that you who posted the thread "Did I buy the wrong jake?" on 02-24-2006? Just curious.

 

[mwhals]

Was that you who posted the thread "Did I buy the wrong jake?" on 02-24-2006? Just curious.

In looking at all of his post, he is the one that posted that thread. Interesting!

 

[UP N MTNS]

Was that you who posted the thread "Did I buy the wrong jake?" on 02-24-2006? Just curious.

Just got done reading all this guys post... . Interresting to say the least

 

[Tomeygun]

Was that you who posted the thread "Did I buy the wrong jake?" on 02-24-2006? Just curious.

It does seem that the above post was about an 03 ram, and this is concerning an 02 ram... . FWIW

 

[ilovetrains]

Thanks guys, i don't have the truck financed, apparently the truck was taken without the shops permission. Not sure i understand this mechanic lein stuff, i would assume the mechanic lein would have to be filed with dmv but to date there's been no lein filed through dmv. To make matters worse now the crooked dealer dummied up a work order with my name on it. I have contacted a lawyer but am not impressed with him. Any lawyers or friends of lawyers out there that could offerm some advice? thanks , jim

It might help if you posted up some more information, for example, what state are you in? What county? Was it a county sherif that impounded or was it a private repo company? What dealer did you purchase this from? These are all important things.



If I understand your story, you purchased the vehicle from a dealer, registered it in your name, and then it was repossed for a delinquent bill for repair work that occurred prior to your ownership. When did you purchase, when was the repair work done? Who did the repair work?



If this story is true, you need to call, in this order:

The local police and report that you are a victim of fraud.

Your state attorney general office, report fraud by a car dealer, and seperate fraud by repair shop.

local TV news.

if any of this occured over state lines, contact the FBI and DOT as well.

 

[Cummins Cowboy]

I am not gonig to take the time reading all this guys posts but from what others have read it appears there may be a whole lot more to the story than what we are getting, if there is no lein on the truck the sueing party could still sue get a default judgement against the guy, then serve him with a writ of execution, which means he has to list all his property, he prolly didn't respond to this either, so being that the truck is not financed it would be the first thing to get seized or repoed in the event of a judgement. 8k sounds really steep for an E brake, but there again may have been more work done and more to the story. it all sounds fishy, and the scenerio I laid out above will depend on the laws of the state he lives, Texas for example paying debts is optional :-laf since they are a homestead state, and cars, trucks, are considered the same way they considered horses back in the day, so bascially unless you own something of value that is not where you live or use to live, it could be attached on a judgement in texas but everything else you are SOL on. I believe florida also has similar laws as texas. most other states vehicles are fair game especially ones that don't have a note on them

 

[Hercules130]

One of your other posts you ask if anybody is near Lapeer, MI. assuming you live in Michigan and your story is true, the mechanic's lien does not allow for reposession.

http://www.michigan.gov/sos/0,1607,7-127-1631_8850-27228--,00.html



In your first post you state you bought from an individual and at the end you keep referring to the dealer. which one is it? I also looked at your other post's where you complained about the noise on the jake brake you had installed on your 03 at the dealer. Do you have an 02 or an 03 or both? Please fill in your sig so we may better help you.

 

[FDrake]

My sincere sympathy

R. I. P. Sgt. Russell M Durgin, My twin brother K. I. A 6/13/06 Afghanistan



I am sorry to hear of your loss of one so brave as to go to another country to fight for us. You should be proud as well.

Frank

 

[Sageair]

What state is that? If the previous owner signed a work order then that would constitute a lien on the truck however... once the truck was released back to the customer with bill unpaid the lien is void. The lien grants the shop to keep possession until paid. If they let it go unpaid they have to sue the customer for payment. If it wasn't like this you would have repair shops all over the country steeling vehicles back for payment.



If your the owner and did not sign a work order for the work and the shop that did the work gave up the keys willingly to the previous owner without payment then for records sake I would make a stolen report with the sheriff's dept. who helped steel it.



The issue is with the previous owner and the shop and has nothing to do with you or the truck since it was not in the shops possession when the sheriff showed up.

I agree completely. I am a L. E. O in Nevada. A mechanics lien allows a shop to keep a vehicle until the repair bill is satisfied. Once the vehicle leaves the shop no one can take the vehicle back. We had a shop owner tow a vehicle back to his shop to force the owner to pay the repair bill. We told the shop owner to immediately release the vehicle back to the owner or be charged with possessing a stolen vehicle if the truck owner signed a stolen vehicle report. The shop owner released the vehicle and pursued his claim thru the courts. Either your state has different laws or your sheriff screwed the pooch or we are not getting the whole story.

 

[DPKetchum]

Here in Georgia if things haven't changed a shop can't even KEEP a vehicle until bill is satisfied. The SHOP has to give vehicle to the owner if no payment and shop has to pursue throught the courts. There really is no mechanics lien even tho its stated on the work order.

 

[Hercules130]

R. I. P. Sgt. Russell M Durgin, My twin brother K. I. A 6/13/06 Afghanistan



I am sorry to hear of your loss of one so brave as to go to another country to fight for us. You should be proud as well.

Frank

I am very proud of him and i can only hope to be half the man he is.







So is this guy going to respond? Makes it seem all the more fishy. I would like to think there was just a misunderstanding, i am curious on how it turned out, as is my girlfreind because she is in law school.

 

[cojhl2]

A good place to vent. . Ever so oftern one comes on a thread where help has been requested. Many people jump in to offer advice and help then the instigator just stops posting.



Therefore one doesn't learn the outcome. I think it's a selfish attitude on the part of the original poster. Disgusting that people can be that thoughtless!!!

 

[CDonaldson]

Maybe they repossessed his computer too !! It IS rude to say the least when someone starts a thread and does not finish it through - even if all you get is a thank you for your time and posts. Obviously much more to this than he is willing to cough up, and, probably willing to admit.



It used to be that mechanics liens were put into place to prevent selling a vehicle until the debts were restituted. The amount of the lien had to be paid before a sale/title transaction could take place. They did not do much for the repair shop/garage getting their money up front, but they did at least stop the person from selling the vehicle until the bill was paid.



A reposession takes a lot of paperwork, mandated by laws to protect the buyer, so one could truly imagine there IS a lot more going on here.



CD

 

[Todd T]

I went through this process once here in IL and was advised I had to file the lien with the county clerk (cost $15) and to keep the vehicle if I hadn’t already given it back. Otherwise the sheriff would have to go out, serve the order, impound it and then the fees start to rack up for the owner. The fees to release the vehicle also included the dept owed to the lien holder. the process to sell a vehicle is similar, plus you have to advertise it in two plublic places and then auction it. That's a catch twenty two there becuase you can do a sealed bid auction and set the reserve so high it will not sell. then you just sell it to yourself for a dollar over the reserve and its yours to satisfy the lien. My dad has a mustang at his shop we are doing this with now. ('90 convertible)



Luckily just threatening the process on the owner he paid up to get his car from me.