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Old 15-04-2015, 10:43   #16
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Re: Boat Motor Legal Problems

You can do a small claims, but it sounds like the guy will not show up in court, and the claim will mean nothing to get the motor back.

Camp out at his shop and wait for him to open the door, and go in and get it,
call the police before you go in, so they might get there.
If you won't do it, hire someone to do it, for $100 you can find someone if you really want to. Otherwise, write it off as a cost of living expense.
I had all my power tools stolen, eventually got over it, just got new ones.

So now you can get a new motor.
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Old 15-04-2015, 10:51   #17
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Re: Boat Motor Legal Problems

Pretty tough deal. You motor is probably replaceable for less than $500. Maybe just do that and hope you'll get the other back eventually.
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Old 15-04-2015, 11:30   #18
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Re: Boat Motor Legal Problems

I hadn't thought of Craig's list... we were looking at new ones.. which are in the $1300 range. which is half of what our boat is worth.. I didn't want to do that...

I'll check craig's list, though..
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Old 15-04-2015, 11:35   #19
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Re: Boat Motor Legal Problems

Yeah... I've got a couple of "Garage Classics" over the years off CL. Lake boat motors with little use. Merc 5.0 $425, Johnson 9.9 absolutely like new with papers $800
If the one you are looking at has been salt water use... I would want to se it run and make sure it has cooling water spitting out.
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Old 15-04-2015, 11:44   #20
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Re: Boat Motor Legal Problems

You are taking years off your life with all the internal "sturm und drang" you are creating for yourself. Its only a very old motor that wasnt working when you brought it in. Stop eating your heart out and move on.
If he ever does return your engine it will probably come with a repair bill for more than its worth, and then you will really be pissed.
You might consider complaining about him on the internet. I have seen that done on craigslist.
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Old 15-04-2015, 11:59   #21
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Re: Boat Motor Legal Problems

If you can get the woman on the phone again, and if you assume she's not totally pissed at him as well, and throwing out his messages..."Look, I just want to get my engine back, but Monday I start with consumer affairs, and the news, and filing a police report. And I really don't want to do all that, even if the engine isn't all assembled, I'll take it back and just call it quits. So just ask him to call me?"


And then on Monday morning, start with your local Consumer Affairs department, there's always one in any major town. City, county, state, whatever you've got. See what they say. See what your local TV channels or newspapers say, most of them have a "help me" local reporter and they will know LOCAL laws and what local options are. And last of all, go down to the precinct--don't call, go down in person--and file a report for "replevin" or whatever they call it locally. Replevin is the traditional term for the crime of wrongful RETENTION of goods. That's what he has done, he got the goods properly, he has simply refused to return them properly. In some places that's theft, but technically, there's no wrongful taking so it is replevin. A police report and criminal charge will cost you nothing, although when your DA hears it is for an ancient outboard, he's likely to laugh. Or cry.
Small claims court can range from $25 in consumer-friendly places, to $300 in places where they would rather that the little people just didn't clutter up the courtrooms. In any case, you'll need local knowledge, so start with the free phone calls.
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Old 15-04-2015, 13:16   #22
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Re: Boat Motor Legal Problems

I agree there are lots of things you could do. I have had my share of legal issues. But my advice is.... walk away. Get yourself another engine. Consider it a life lesson...go to a reputable shop. You will save yourself a lot of heartache, worry, trouble and expense.

You can still pursue getting your engine back, but don't lose a season or any sleep over it. Life is too short.

A lesson they don't teach at school.... being right often does not matter.

Having said that, I would report it as stolen to the cops, see what they say. Also, insurance...are you covered for a stolen engine?

If the man is dead, or in hospital, or so poor he had to sell it, or mentally deficient....no amount of effort would bring back your motor.

The best revenge...Live Well !!!
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Old 15-04-2015, 13:26   #23
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Re: Boat Motor Legal Problems

Quote:
Originally Posted by Hard Rock Candy View Post
It is hard to believe that anyone would become this disturbed by the loss of a 30-year-old 4.5 horse outboard. anything you do with a lawyer is going to cost more than the motor is worth. you can probably replace it for about 250 dollars or less on craigs list. when I was in need of one I just checked a couple of used stores and found a good running small Johnson for 100 bucks. they are all over the place and if it's runnable when you buy it, it may be better than the one you took to be serviced. mac
So you have outboards you are willing to give to people? Just send the $250 to me, ok?

This is a sad story about someone getting ripped off. It's hard to imagine that you can just shrug your shoulders and walk away. I know I wouldn't be able to.

I hope it has a good ending.
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Old 15-04-2015, 13:27   #24
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Re: Boat Motor Legal Problems

I'm in St Louis and I have a 2.5 HP motor that you can have if it is big enough. It hasn't run for years so may need a tune up. I would take it somewhere else but let me know if you are interested
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Old 15-04-2015, 13:33   #25
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Re: Boat Motor Legal Problems

Is the motor for a dinghy or for your sailboat?
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Old 15-04-2015, 14:27   #26
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Re: Boat Motor Legal Problems

We have channel 11 action news where i live , they help people with things like this . Any chance you have something like that their ?
Leave a note on the door and check to see if its gone . If its gone leave another, & another ,etc. After a few you should get a response .
Always remember the non-threatening way of life works better .
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Old 15-04-2015, 14:51   #27
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Re: Boat Motor Legal Problems

Scarlet-

I empathize.

No receipt or documentation means tread carefully !
You have zero proof fellow has your engine !

Sorry but you're S.O.L.
No court recourse,no nothing without proof you gave your engine for repair.
Be aware you may be in for harassment !Sad how these things can happen.

Saddly,I suggest you move on and learn the lesson.Guard you husbands service record.

Ebay gave me great engines twice,Craig's List can be very local and good also.



All the Best
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Old 15-04-2015, 15:37   #28
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Re: Boat Motor Legal Problems

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Originally Posted by Arthur Garfield View Post
Scarlet-

I empathize.

No receipt or documentation means tread carefully !
You have zero proof fellow has your engine !

Sorry but you're S.O.L.
No court recourse,no nothing without proof you gave your engine for repair.
Be aware you may be in for harassment !Sad how these things can happen.

Saddly,I suggest you move on and learn the lesson.Guard you husbands service record.
That is crazy advise! She has ownership paperwork. (Post #4) She could report that it was stolen and suspects that it is over there. (Not that I am suggesting you do this) Proving to the police you own it and that this person has it is all that is needed for a stolen property case.

Walking away from it is just goofy advise.
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Old 15-04-2015, 15:52   #29
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Re: Boat Motor Legal Problems

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Originally Posted by kbudd View Post
Is the motor for a dinghy or for your sailboat?

Hi Kbudd!
I'm going to send you a private message.
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Old 15-04-2015, 16:02   #30
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Re: Boat Motor Legal Problems

... what it comes down to.. is no matter how old it is... it was mine.. and it worked. I am fine with spending money to replace worn out, or non working equipment. NO PROBLEM. But having to shell out good, hard earned money, when we had a motor that worked? that does bother me, a lot.

And also, it's the principal of the matter. I always try to 'do the right thing'... and the right thing is to get my motor back, and have him pay the appropriate consequences. I'm not one to throw up my hands and say.. "oh well"...

...and Skiprjohn, you hit the nail on the head.. "This is a sad story about someone getting ripped off. It's hard to imagine that you can just shrug your shoulders and walk away. I know I wouldn't be able to."

Thanks for that.
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