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Old 15-04-2015, 16:17   #31
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Re: Boat Motor Legal Problems

I think I would go to the Police, and see if they could offer any assistance. It is really a civil matter, rather than a criminal matter (even thought it is theft). Local cop might just know the guy and be willing to talk to him for you. I agree, a confrontation at his house is probably not a good idea, home field advantage.
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Old 15-04-2015, 16:18   #32
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Re: Boat Motor Legal Problems

Quote:
Originally Posted by scarlet View Post
... 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.

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
Hard Rock, has given you the best advice your going to find on CF. Your 'principals' are going to get you deep into either financial or legal problems. From what you said you don't know if you have been ripped off as yet. You don't seem to know much at all. Go spend $250 so you have something and keep the letters up but leave it at that. Perhaps keep and eye on papers for any 'bankrupt' notices and if it turns out he's bankrupt, then put in a application for your motor back. It won't be included in the administrators actions as long as you let them know.

But you can tell by this post, you are putting way too much anxiety into this already.
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Old 15-04-2015, 16:27   #33
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Re: Boat Motor Legal Problems

Quote:
Originally Posted by scarlet View Post
... 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.
My advice may not be the best. It certainly isn't what the Buddha (or Jesus) would say. I tend to react inappropriately when folks rip me off. So far no padded cell but who knows when? 29 years in the military here before retirement so try to keep your hubby's records clean but also temper that with a little don't take any c--p from folks who don't serve.

I hope you can find an engine that fits your needs for little money and trouble or get your old one back so you can get out on the water. If you end up with an old Johnson or Evinrude 2.5 and need some parts I might be able to help you with that.

kindest regards,
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Old 15-04-2015, 16:44   #34
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Re: Boat Motor Legal Problems

I sympathize with you. And good luck with what ever you do.

As well as checking on Craigslist for a replacement, can't you there as well advertise as wanting a motor roughly that size and vintage? Might get an interesting response that could be useful.
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Old 15-04-2015, 16:59   #35
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Re: Boat Motor Legal Problems

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Originally Posted by hamburking View Post
.................. 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?.......
While the end result may be the same, legally, the motor was not "stolen" and reporting it as such will just cause more problems. Reporting to the insurance company that the motor was stolen approaches insurance fraud.

The OP took the motor to a repair shop to be fixed, the guy didn't unbolt it off the boat and make off with it in the middle of the night. Her mistake was not getting a receipt for the motor. If he denies receiving the motor for repair and there are no willing witnesses, that may be the end of it.

Otherwise, some good suggestions have been offered along with some "not so good" suggestions. It's up to the OP how to proceed.
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Old 15-04-2015, 17:01   #36
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Re: Boat Motor Legal Problems

@ Action-
Understand what the actual LAW is.
Must be Proved that mechanic has it- where's the proof Action?
Police have no right to enter shop without permission of shop owner to look for engine.
This is what's called,"reality".


All the Best
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Old 15-04-2015, 17:31   #37
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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
I'd drop it and go look for a used one . . . if you're quick, you may even find your own on Craig's list, it's a much cheaper option than paying some lawyer and safer for you and your family too!
Yes I know, I know . . those guys always get away with that sort of crappy behaviour. Eventually someone bigger, richer, smarter, quicker is going to catch up with them to even the score - while you'll be happily sailing down the coast enjoying the breeze.
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Old 15-04-2015, 17:46   #38
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Re: Boat Motor Legal Problems

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Originally Posted by MainMan View Post
I'd drop it and go look for a used one . . . if you're quick, you may even find your own on Craig's list, it's a much cheaper option than paying some lawyer and safer for you and your family too!
Yes I know, I know . . those guys always get away with that sort of crappy behaviour. Eventually someone bigger, richer, smarter, quicker is going to catch up with them to even the score - while you'll be happily sailing down the coast enjoying the breeze.
+1
I once had to walk away from $10,000.00, yes ten thousand, all the legal stuff was just not achievieing anything except further emptying of my bank acc, the other party had nothing of worth therefore I had no chance.
It's a motor worth a couple of hundred dollars, I know that it is wrong to rip off you but the bottom line is walk away, buy a secondhand replacement and go sailing.
Enjoy the moments that are there to be had and don't led this eat you up !
Remember Karma does exist!!
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Old 15-04-2015, 17:57   #39
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Re: Boat Motor Legal Problems

Scarlet, I am really sorry you got into this situation. You've been given conflicting advice.

In all my presentations to my clients, I ALWAYS GIVE THEM options.

Same thing might be true here.

Consider all the legal and quasi-legal advice given here based on where you live and what your recourse(s) could be.

Also, start looking at real replacements, and the kind offers given here.

Until you have those three facts in hand, you're in no position to make a decision, unless, of course, you've already decided to ONLY get you motor back.

Good luck, and please let us know how it goes.

All the best,

Stu
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Old 15-04-2015, 18:52   #40
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Re: Boat Motor Legal Problems

Quote:
Originally Posted by Arthur Garfield View Post
@ Action-
Understand what the actual LAW is.
Must be Proved that mechanic has it- where's the proof Action?
Police have no right to enter shop without permission of shop owner to look for engine.
This is what's called,"reality".


All the Best

As I stated in my post you referenced, I am not suggesting she or anyone for that matter, do this.

Police check out leads all the time based on allegations, tips and contacts. If the police were to come to the property of the mechanic they would be asking for permission to enter. (without a search warrant) And yes some one at that place has to give permission for the police to enter. If that permission were granted the police could look for that property. If there is no work order, how is anyone to know that the property in question wasn't stolen and then given to the mechanic to be worked on?

That missing work order cuts both ways. If there isn't one there really isn't a document that states the mechanic has legal possession of the property for any purpose.

In any event I am not making a suggestion of any action other than I did in post #2.

>>>>>>>>>>>Action
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Old 16-04-2015, 01:24   #41
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Re: Boat Motor Legal Problems

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Originally Posted by Action View Post
As I stated in my post you referenced, I am not suggesting she or anyone for that matter, do this.

Police check out leads all the time based on allegations, tips and contacts. If the police were to come to the property of the mechanic they would be asking for permission to enter. (without a search warrant) And yes some one at that place has to give permission for the police to enter. If that permission were granted the police could look for that property. If there is no work order, how is anyone to know that the property in question wasn't stolen and then given to the mechanic to be worked on?

That missing work order cuts both ways. If there isn't one there really isn't a document that states the mechanic has legal possession of the property for any purpose.

In any event I am not making a suggestion of any action other than I did in post #2.

>>>>>>>>>>>Action
Policing is somewhat similar the world over, and as a former cop, I doubt any police anywhere is going to respond in anyway to any request. It's entirely a civil matter and nothing what so ever to do with police.
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Old 16-04-2015, 01:58   #42
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Re: Boat Motor Legal Problems

scarlet,

First, let me say I admire your spunk in this issue. It is never easy to back off and just take your licking.

In this case, for me, the big deal would be not being able to get out on the water without *an* outboard. I suggest to you that a new-to-you 5 or 6 hp motor might actually be an improvement on the old one with it's strange noise inside, and then you could get out on the water again. Like now's the time to become pro-active about learning what to avoid in used outboards.

One guy gave you one hint: make sure the "pee-er" is working well. I have another, if it continues to blow blue smoke a few minutes after being started, it'll need new rings.

Come on guys, surely you have more suggestions?! Let's give scarlet some benefit of our collective experience with outboards. Please.

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Old 16-04-2015, 07:00   #43
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Re: Boat Motor Legal Problems

Well.. I've been looking for replacements. I'm probably not looking in the right place, as I'm not having any luck. Cheapest NEW motors around here are in the $1100-1300 range. I found 1 4.5 on craig's list for $89.00 (that's scary cheap... but I'll go take a look at it. ) Other than that... I haven't seen anything. I'm going to try at our marina and see if anyone is selling one there...

I do have an "update". Our "guy" got our certified letter yesterday, and called immeadiately. (ok... so.. I'll give him a point for that). My husband said he'd be right over to pick it up. The mechanic said he shouldn't do that because it was in pieces. he is "waiting on parts". But he'll "call us next week" when he gets the parts in....

(where is that "holding my breath" emoticon when you need it!!!??? )
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Old 16-04-2015, 07:25   #44
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Re: Boat Motor Legal Problems

We had a similar recent experience with a stainless guy. At several points I thought I'd need somebody else to finish. Then the guy was 95% done and wouldn't finish to get his other 50% payment.

You can try offering a tip to finish by a certain date, but if you aren't in a hurry my bet is your guy will eventually finish.
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Old 16-04-2015, 08:45   #45
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Re: Boat Motor Legal Problems

It sounds like the guy bit off more than he could chew and has found himself in time/financial difficulty?
Maybe just got lazy or lacked motivation?
That's the problem with guys who do a business as a hobby, the rest of life doesn't go away because you've taken on extra commitments. Sometimes people tend to hide when they can't make their commitments, they're afraid to answer the phone. Not a good trait but more common than you'd like to think.
Sounds like the registered letter gave him "motivation" to get going on your motor.
It'll be interesting to see what happens, but I wouldn't count on seeing that motor anytime soon, if at all.
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