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Old 16-04-2015, 09:33   #46
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Re: Boat Motor Legal Problems

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Originally Posted by autumnbreeze27 View Post
if you aren't in a hurry my bet is your guy will eventually finish.

OF COURSE I"M IN A HURRY! The ice has been off the lake since late February

MUST.... SAIL.... NOW!!
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Old 16-04-2015, 10:26   #47
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Re: Boat Motor Legal Problems

It is also possible that he is embarrassed about not having it done and just didn't want to face you. Sometimes parts for old machinery can be very frustrating. I waited 8 months for a gear to be shipped from Japan once. Talk about "the slow boat from China".

Good luck.
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Old 16-04-2015, 10:29   #48
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Re: Boat Motor Legal Problems

The police have no right to....Doesn't matter, they certainly have a right to knock on the door and inquire. How much happens after that, depends on the cop.


Note that in many states a "writ of replevin" is served by the Sheriff, not the police, and is a civil order. But it is also a conventional means to legally repossess a car when lease or purchase payments have not been made, and it is normally issued by a court/judge.


Proof? Verbal proof can get things started. "Uh, he does things for cash with no receipts" can also trigger criminal actions, since that's usually an indication that someone is not collecting sales tax, and then the issue of tax fraud comes up. Which as you may have heard, is how Al Capone got nailed.


It is all very good to say what the OP can or can't get done, without knowing their local laws and local agency policies. It is more useful to say "Call these agencies, they are paid to tell you the specific legal options you have, in your area."


And sometimes, just having a uniform, any uniform, knocking on the door and saying "Yeah, we'd like to see this resolved amicably and quickly?" is all it takes. Civil, criminal, or fanciful. Cop needs a warrant? Um, maybe not. A sworn statement IS, after all, the probable cause behind a lot of warrants.
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Old 16-04-2015, 10:33   #49
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Re: Boat Motor Legal Problems

Scarlet - I sympathise completely as I absolutely hate being ripped off!!! (As evidenced recently) I love that others can 'let it go' and 'move on' but when you are living on a tiny budget sometimes that aint so easy.

However I do have another suggestion which is friendly and appropriate. Get a male (preferably) friend (acting as a stranger) to ring the business and enquire about dropping off an outboard and getting an opinion on work being done. If there is no answer at the business get them to ring and leave a message asking for contact so that he can drop off or come in and discuss item in question.

Once your friend (if) gets a time to appear at the business get him in the door and then get him to text you (who is waiting just outside now) and you can walk in to an open business. This 'stranger' then will be your witness and the business owner is in a catch 22. This person can then observe you politely ask for the return of your engine. No confrontation, no nastiness, no need for legal intervention and no cost to you.

Keep it friendly and push for return right there and then as you have to move on quickly/ have an emergency/ need it immediately and you are willing to take it in pieces.

I don't know if this will work but I think that its worth a try? I do wish you the best of luck and if tell people where you are located then you might find you have some offers of help from nice people. My best wishes for a better result.
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Old 16-04-2015, 12:24   #50
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Re: Boat Motor Legal Problems

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Originally Posted by scarlet View Post
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!!!??? )
That phone call is encouraging. Call him Wednesday evening to get an update. I think someone mentioned he may be embarrassed. That could be but keep calling.

Here in Hawaii if you want work done or even order from a store they nearly never call you. You have to call them. Two exceptions, tree trimmers and a Honda generator salesman. That doesn't help you but I know your frustration. Hang in there.

I like Johnson/Evinrudes. Is it lake Carlyle you sail? I'll bet they have bulletin boards with outboards listed. Are 2 cycle engines ok?
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Old 16-04-2015, 12:49   #51
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Re: Boat Motor Legal Problems

Ah, Hawaii. Same as Alaska, you'll have to pay dearly for anything that can't be made locally and has to be shipped in. But I wouldn't accept the "waiting for parts". As a cynic I'd say that is just stalling for a week. Call, or better if you can just go over, and tell him to bolt it up and give it back. When and if the parts "arrive" you'll come back to him. (Right.)


When someone won't return civil phone calls, I call anything else they say BS until proven otherwise.


If your engine was a 30-year old 2-stroke, EPA regulations pretty much shut those down in favor of 4-strokes at a much higher price. I'm told there are 2-strokes with fancy [read: expensive] new ways to be legal, but yes, between the EPA and shipping, you can expect anything new to be way more expensive than your engine was. Even ignoring inflation.
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Old 16-04-2015, 23:03   #52
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Boat Motor Legal Problems

I had a similar situation several years ago. Took a rifle to a gunsmith for some custom work. After the agreed upon time had passed (a couple months), I called the shop (no answer), stopped by (nobody there), and wrote letters (no reply). Turns out he went out of business and declared bankruptcy. I filled in small claims court and won a default judgement (guy was a no show). But the judgement had no teeth, because there was no way to collect (I found out later that I could have filled some sort of writ with the local sheriff and they might have confiscated my rifle).

At that point, I turned the case over to a collection agency on contingency. A year or so went by, and nothing happened. Then I got a letter from a bankruptcy lawyer saying that I had missed a deadline to file as a creditor, but would have been an unsecured creditor anyway (bottom of the barrel).

So I fired the collection agency (not that they cared), and made a theft claim against my homeowners insurance policy. They paid (less deductible), and thus ends my story.

Good luck.
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Old 17-04-2015, 07:46   #53
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Re: Boat Motor Legal Problems

My suggestion would be to look for a used motor of at least 5 HP. I had an O'Day 22 at Carlyle Lake years ago with a 5.5 HP and I had trouble getting out of the harbor at Boulder when it was really windy. I think about 10HP would be ideal especially in the summer if the wind dies and you want to get back. If you can't find something around St Louis, send me a PM. We keep our boat in Milwaukee and there are lots of used outboards up there. I could look for you when I am up there.
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Old 17-04-2015, 09:08   #54
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Re: Boat Motor Legal Problems

Go to the small claims court. Ask to file a replevin (get property back) or conversion (get value of property back) action against him.
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Old 17-04-2015, 09:24   #55
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Re: Boat Motor Legal Problems

Surprised the guy would even take in a 30 year old small motor, those are typically called scrap.

Also stop analyzing the price of the motor to the cost of the boat, when you go to sell it, it will be worth more with a nice newer motor then an old 2 stroke rattle trap.
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Old 17-04-2015, 09:43   #56
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Re: Boat Motor Legal Problems

This motor couldn't be worth more than a couple hundred dollars at best. I understand that you feel cheated and want to get it back, but if this is keeping you from boating, I suggest buying a replacement and then selling one or the other when you get the original back. Maybe you could even borrow one.
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Old 20-04-2015, 09:16   #57
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Re: Boat Motor Legal Problems

Lawyers and court is expensive.. And time consuming...

Results not guaranteed.

Also, time invested for potentially bad results...

The motor is 30 years old... You've got your use out of it. But a new motor... Write a yelp review and save yourself the headache of dealing with it and go enjoy the season before you waste it trying to retrieve a 30 year old piece of hardware...

I understand the principle here but you're going to lose your whole season over it...


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Old 20-04-2015, 10:50   #58
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Re: Boat Motor Legal Problems

"Write a yelp review"
And you say lawyers are expensive?
There are folks who make an entire living, and a good living, by suing Yelp and other online reviewers claiming defamation and harm because the reviews are false. So with no claim stub for the motor, no written proof if what happened...A lawsuit, often brought in the least convenient jurisdiction that can be found, can cost a lot more to defend than an engine costs.
The web has become a very odd place. "Here be dragons".
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Old 20-04-2015, 10:59   #59
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Re: Boat Motor Legal Problems

And I'm sure guys with "local" outboard shops who "do business with a handshake" and then vanish after servicing 30 year old two strokes are clearly the type whom are Internet savvy small business owners who would go through the expense of retaining there own counsel so that they could sue "yelp" for defamation...

Not that the comment was even remotely relevant to begin with unless the thread was created by the person whom is the representative for Yelp and they themselves are the one who would incur the expense of the Suit.

Yes indeed the Internet has become a strange place indeed -

Cheers


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Old 20-04-2015, 11:13   #60
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Re: Boat Motor Legal Problems

" who would go through the expense of retaining there own counsel "
Don't be na´ve. There are folks who will actually SOLICIT this business, searching forums, including this one, and reaching out to the defamed [sic] party and saying "Just sign this subrogation paper, if we make money you get half, if we don't make money, you don't pay us a cent."
Yes, there are such ugly trolls out there.


There are even folks who will look for potentially rich forum members (say, ones with a 50' and over boat) posting "We'll be on vacation for all of July". Then they go dig up your address (not hard if you've got a boat's name and home state) and when July comes around...you're burgled.


I know someone who lost a lot of photographic equipment that way, along with everything else easily carried out of his house, in a "good" safe location.


The slime is out there. If you've never been held up by thugs, that doesn't mean they aren't out there. The internet is a great place to harvest low-hanging fruit.
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