88lx5oh Posted February 23, 2008 Report Share Posted February 23, 2008 ok heres the deal... Nick (00Smurf) needed a garage to work in.. posted a thread on here wanting a place to rent out.. alot of people made him offers, i offered as well. the deal was this.. he needed a garage to tear his 4 door m3 apart in. 2 weeks is all he needed. i expected he would need a little more time but granted its 2 weeks he said he needed. heres the details $100 a week rent, he gets half of my 2 car garage to work with, he can use my tools (seeing they get put back where they belong), payment is due every thursday (the beginning of the following week.. IE he payed when he dropped it off that thursday, and would need to have paid the following for the next week) so starts on working on his car..getting over here whenever he can.. if he has anytime at all to do so he is here, working clear through the morning. the next thursday payment is due.. and no payment recieved.. (he said he gets paid every 2 weeks) he continues to come over, sometimes i even lend a hand.. NOW not only does he have his 4 door m3 in my garage, but also the 2 door 3 series in there, pullin the motor out of it. so now my entire garage is filled. i let it slide, but still no payment. i had to drive out to pickerington from hilliard to go get my money for the 2 weeks he is bhind which is actually 3 weeks (if he is paying upfront for the following week) he finished up the 2 door m3 motor swap and everything is good now he has to get this 4 door out of here. 2 weeks go by and nothing.. not once did he stop over.. i keep texting him saying.. when you gonna be out next etc etc. and always replies a day and never shows, no work is done blah blah blah. so now he is behind another $200 in rent to me. itook some money and items for trade to help out. which got to me on a saturday. ok another week passes we are at another thursday. nothing worked on still. so i have a 4 door m3 sitting on jack stands with no motor , fenders, doors, engine, tranny, front suspension wheels etc.. all the parts are in my garage, but its all apart. and im still not payed up yet. i finally stop being nice and say look, you got 3 weeks to get this thing out of my garage, you said you needed only 2 weeks its going on 2 months. and your back on payments. so i said you need to pay $300 on thursday the 21st.. that covers 2 weeks he will be behind, and the following week. i gave him 2 weeks to pay and 3 weeks to get it out of the garage. come this past thursday.. he didnt show.. said roads are to bad. im pissed but say ok bring the money out friday before i head to work at 3. i get a text at 2:20 saying he is leaving now and will be there, but he probably wont be there until after i leave. i said fine leave it with my wife. he never showed stiffing me yet again. now my question.. what the fuck do i do. i told him basically if i didnt get payment i was just gonna start selling parts off that thing to recoupe my money then put the suspension and wheels back on it and roll it out on the street which will eventually get towed to impound. and if this happens ill sell enough parts from it to not only pay the back money he owes, but for my time and labor to get the damn thing out of my garage. ive lost alot of jobs cause i didnt have the room cause this turd is in my way. and the wife is getting pissed cause she wants her car in the garage. and he said ok to all of this soo what the hell.. ive been more than generous in the entire situation, but im fed up with the excuses, no shows, and non payment. he also has my vise grips Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted February 23, 2008 Author Report Share Posted February 23, 2008 side note.. he is in this thread trying to buy a cell phone when he owes me money http://www.columbusracing.com/forums/showthread.php?t=47349 Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted February 23, 2008 Report Share Posted February 23, 2008 Sorry to hear that. I wouldn't go selling his parts before talking to someone more acquainted with the law. I would doubt a mechanics lien would be doable without prior contract. I would just talk to a cop or lawyer then go from there. Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted February 23, 2008 Author Report Share Posted February 23, 2008 by all means i dont want to sell the shit, but im getting to a point where my hands are tied. i mean ill take money and a trade, ill take a trade for the money owed. whatever, but id like to get payed, and id like this thing out of my garage. i could take what i would consider worth the amount owed and hold it till i got payment, and still set this thing outside and let it get towed. i guess if nothing is resolved this weekend, ill go talk to a lawyer or cop to see what i can get done. i mean he can chime in anytime here. and let me know whats up. he told me prevously that he wants it out too, btu doenst have time cause of work.. which i understand, but what i dont understand is that same situation a mont and a hlaf ago, he MADE time no matter what.. now that the motor is swapped out its like he is washing his hands clean of this.. jsut putting it on the back burner and saying fuck it. i had him sign liability forms as well, and have all conversations documented since they were almost all text. i tried to call him but he turned his phone off. Quote Link to comment Share on other sites More sharing options...
Guest Hal Posted February 23, 2008 Report Share Posted February 23, 2008 You may want to look into a mechanic's lien. I honestly don't know a lot about them. Apart from a service manager class and working in a shop, I never hear much about them. Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted February 23, 2008 Author Report Share Posted February 23, 2008 yeah i heard about that to.. i heard something to do with length of time. you file it with the court. and if i have to do that i will. i just hope he comes around, pays what he owes and gets it out.. i dont want to take this farther than it needs to go. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted February 23, 2008 Report Share Posted February 23, 2008 He obviously took advantage of your generosity and personally I think your doing the righ thing by giving him a hard deadline to meet before your take even more drastic measure's. The problem with that is that he obviously doesnt see any value in anything he left there or he would've come back or, like you said, made time to come back and deal with it so what good is it going to do by selling it? It will get back your money (hopefully) but it doesnt seem like your going to get any sort of "payback" at him for selling his junk. You'll probably be helping him out. So it seems, selling his junk may just solve both of your problem's. You get your money, and hopefully a bit more. And he gets to just forget about anything he left there. So, the obvious question is, did he leave ANYTHING of value there? And if so, do you think you can make any money selling it? Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted February 23, 2008 Author Report Share Posted February 23, 2008 trust me im not trying to get any "payback" or wrong do him. i just want what is owed to me, as well as get the car out of my garage so i can get my space back that i need. i think there are somethings of value there that i could sell. a guy i work with and have talked about this situation with already made an offer on parts i if i was to sell. and im not looking to make a profit either. i want the $300 thats owed to me at this point. and if i have to put the car back together enough to get it out on the street, i want compensation for that as well. cause i really dont want to go out in my garage and work on something that i shouldnt have to. and also he is supposed to clean the garage up to what it was when he first brought the car over. so i will also be taking compensation for that. i mean there is an entire car there, that could essentially be put back together and drove away. i mean if he just doenst want to deal with anything at all.. throw me the title. ill selll the whole damn thing for cheap to make back what is owed and to get it out of my garage. if there would be any takers. but i dont want to even sell shit off it cause its a hassle i shouldnt have to deal with in the first place. i guess i dont understand why this is all happeneing. i mean he drove that 4 door m3 in it was mint. now its still all there, minus the motor and trans, but there is a 328I motor and trans there. FUCK i just want paid and this thing gone. i gave a deadline.. finally after being nice, and he just blows it off. i was more than generous.. lets just get this over with Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted February 23, 2008 Author Report Share Posted February 23, 2008 and by the looks of it it still has a lein on it Property Information Type: Vehicle VIN#: WBSCD9326WEE09288 Year: 1998 Make: BMW Model: M3S Body Type: Four Door Current Title Information Title number: 2509027061 Title status: Active Owner name: LUXURY AUTO SALES LLC Number of owners: 1 Issue date: 12/18/2007 Title type: Original Liens 1: Lien 1 cancel date: Control Number: 091547813 Liens 2: Lien 2 cancel date: Mileage: 86108 Mileage brand: Actual Brands 1: Brands 2: Brands 3: Total Purchase Price: 0 Resides in County: 25 History Title Number Issue Date Title Type Title Status Inactive Reason Type Mileage Mileage brand Mileage justify Owner Name 3105549212 11/20/2007 Original Inactive Transferred Out of County 86108 Actual BMW BANK OF NORTH AMERICA 2507352653 05/06/2005 Original Inactive Transferred Out of County 60645 Actual PRIVATE OWNER 2507230807 03/04/2005 Original Inactive Transferred Within County 60561 Actual KELLY BMW 2505260115 03/13/2002 Original Inactive Transferred Within County 47288 Actual PRIVATE OWNER 2505205075 02/13/2002 Original Inactive Transferred Within County 47261 Actual KELLY BMW 2502967021 08/07/1998 Original Inactive Transferred Within County 217 Actual BMW FINANCIAL SERVICES NA INC Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted February 23, 2008 Author Report Share Posted February 23, 2008 seriously who does this shit Quote Link to comment Share on other sites More sharing options...
HAOLE Posted February 23, 2008 Report Share Posted February 23, 2008 You cant take things from the car and sell them to recover your rent without proper legal process. That is theft. Even though he owes you money the items are not yours to sell. Here is the storage unit law about placing liens on the items inside, I am not even sure if that could apply in this situation because it seems the law was written for the properties that "sole purpose is storage" Storage Lien Law of Ohio CHAPTER 5322 STORAGE FACILITIES Section 5322.01. Definitions. 5322.02. Owner of a self-service storage facility has lien on stored property. 5322.03. Procedure for enforcement of owner's lien; rights of good faith purchasers. 5322.04. Residential use prohibited. 5322.05. Late fee for failure to pay rent when due. § 5322.01. Definitions. As used in sections 5322.01 to 5322.05 of the Revised Code: (A) "Self-service storage facility" means any real property that is designed and used only for the purpose of renting or leasing individual storage space in the facility under the following conditions: (1) The occupants have access to the storage space only for the purpose of storing and removing personal property; (2) The owner does not issue a warehouse receipt, bill of lading, or other document of title, as defined in division (O) of section 1301.01 of the Revised Code, for the personal property stored in the storage space; (3) The property has fifty or more individual storage spaces. "Self-service storage facility" does not include any garage used principally for parking motor vehicles, an establishment licensed pursuant to sections 915.14 to 915.24 of the Revised Code, or any property of a bank or savings and loan association that contains vaults, safe deposit boxes, or other receptacles for the uses, purposes, and benefits of the bank's or savings and loan association's customers. (B) "Owner" means a person that is either the owner of a self-service storage facility or the lessor of an entire self-service storage facility and that receives rent from an occupant pursuant to a rental agreement that the person enters into with the occupant. © "Occupant" means a person that rents storage space at a self-service storage facility pursuant to a rental agreement that the person enters into with the owner. (D) "Rental agreement" means any written agreement that is entered into by the owner and the occupant and that establishes the terms and conditions of the occupant's use of storage space at a self-service storage facility. (E) "Personal property" means money and every animate or inanimate tangible thing that is the subject of ownership, except anything forming part of a parcel of real estate, as defined in section 5701.02 of the Revised Code, and except anything that is an agricultural commodity, as defined in division (A) of section 926.01 of the Revised Code. (F) "Late fee" means any fee or charge assessed for an occupant's failure to pay rent when due. "Late fee" does not include interest on a debt, reasonable expenses incurred in the collection of unpaid rent, or costs associated with the enforcement of any other remedy provided by statute or contract. HISTORY: 138 v H 410. Eff 1-9-81; 150 v H 120, § 1, eff. 5-4-04. § 5322.02. Owner of a self-service storage facility has lien on stored property. (A) The owner of a self-service storage facility has a lien against the occupant on the personal property stored pursuant to a rental agreement in any storage space at the self-service storage facility, or on the proceeds of the personal property subject to the defaulting occupant's rental agreement in the owner's possession, for rent, labor, or other charges in relation to the personal property that are specified in the rental agreement and that have become due and for expenses necessary for the preservation of the personal property or expenses reasonably incurred in the sale or other disposition of the personal property pursuant to law. The owner's lien provided for in this section is also effective against the following persons: (1) A person who has an unfiled security interest in the personal property, except that the owner's lien is not effective against a person who has a valid security interest in a motor vehicle, whether or not the security interest in the motor vehicle is filed; (2) A person: (a) Who has a legal interest in the personal property, a filed security interest in the personal property, or a valid security interest in the personal property that is a motor vehicle; and (b) Who consents in writing to the storage of the personal property. (B) The owner's lien created by division (A) of this section attaches as of the date the personal property is brought to the self-service storage facility. An owner loses his lien on any personal property that he voluntarily permits to be removed from the self-service storage facility or unjustifiably refuses to permit to be removed from the facility. HISTORY: 138 v H 410. Eff 1-9-81. § 5322.03. Procedure for enforcement of owner's lien; rights of good faith purchasers. An owner's lien created by division (A) of section 5322.02 of the Revised Code for a claim that has become due may be enforced only as follows: (A) All persons [of] whom the owner has actual knowledge claim[ing] an interest in the personal property, and all persons who have filed security agreements in the name of the occupant evidencing a security interest in the personal property with either the secretary of state or the county recorder of the county in which the facility is located or the Ohio county of the last known address of the occupant, shall be notified in accordance with divisions (B) and © of this section; (B) The notice shall be delivered in person or sent by certified mail to the last known address of each person who is required to be notified by division (A) of this section; © The notice shall include: (1) The name and last known address of the occupant who rented the storage space in which the personal property was stored; (2) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due; (3) A brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it except that any container including, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner that deters immediate access to its contents and that has not been opened by the owner prior to the date on which the notice is given may be described as such without describing its contents. (4) A notice of denial of access to the personal property, if a denial of access is permitted under the terms of the rental agreement, which notice provides the name, street address, and telephone number of the person whom the person notified may contact to pay the claim and to either obtain the personal property or enter into a rental agreement for the storage of the personal property; (5) A demand for payment within a specified time not less than ten days after delivery of the notice; (6) A conspicuous statement that unless the claim is paid within that time the personal property will be advertised for sale and will be sold by auction at a specified time and place and that, if no person purchases the personal property at the auction, the personal property may be sold at a private sale or destroyed; (7) The address of the place at which the sale will be held, if the sale will be held at a place other than the self-service storage facility in which the personal property was stored. (D) The sale of the personal property shall conform to the terms of the notice as provided for in this section; (E) The sale of the personal property shall be held at the self-service storage facility or, if the address of the place was included in the notice as required by division ©(7) of this section, at the nearest suitable place to the self-service storage facility at which the personal property is stored; (F) After the expiration of the time given in the notice, an advertisement of the sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county in which the self-service storage facility is located. The advertisement shall include: (1) A brief and general description of the personal property as required by division ©(3) of this section, except that the description shall describe the contents of any trunk, valise, or box that is locked, fastened, sealed, or tied in a manner that deters immediate access to its contents, if the trunk, valise, or box is opened by the owner prior to the date on which the advertisement of sale is published; (2) The name and last known address of the occupant who rented the storage space in which the personal property was stored; (3) The address of the self-service storage facility; (4) The time, place, and manner of the sale. The sale shall take place at least fifteen days after the first publication. If there is no newspaper of general circulation in the county in which the self-service storage facility is located, the advertisement shall be posted at least ten days before the date of the sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located. (G) (1) Before any sale of personal property pursuant to this section, any person who has a legal interest or a security interest in the personal property may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. Any person except the occupant may, upon payment of the amount necessary to satisfy the lien plus expenses, enter into a new rental agreement for the storage of the personal property or, if he presents proof of a legal interest in the personal property or of a right to take possession of the personal property or a court order authorizing him to take possession of the personal property, shall immediately remove the personal property from the self-service storage facility. (2) Upon receipt of the payment from a person other than the occupant, the owner shall enter into a new rental agreement for the storage of the personal property or, if the person meets the conditions set forth in division (G)(1) of this section, shall permit the person to remove the personal property from the self-service storage facility. (3) If the occupant pays the amount necessary to satisfy the lien and the reasonable expenses incurred under this section, he shall immediately remove all of his personal property from the self-service storage facility, unless the owner of the facility agrees to enter into a new rental agreement for the storage of the property. (H) A purchaser in good faith, except an owner or his agent, of the personal property sold to satisfy an owner's lien created by division (A) of section 5322.02 of the Revised Code takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the owner with the requirements of this section; (I) The owner may examine any personal property to be sold pursuant to this section. The examination may include, but is not limited to, the opening of any trunk, valise, box, or other container that is locked, fastened, sealed, tied, or otherwise closed in a manner that deters immediate access to its contents. (J) The owner may satisfy his lien from the proceeds of any sale held pursuant to this section, but shall mail the balance, if any, by certified mail to the occupant at his last known address. If the balance is returned to the owner after the owner mailed the balance by certified mail to the occupant or if the address of the occupant is not known, the owner shall hold the balance for two years after the date of the sale for delivery on demand to the occupant or to any other person who would have been entitled to possession of the personal property. After the expiration of the two-year period, the balance shall become unclaimed funds, as defined in division (B) of section 169.01 of the Revised Code, and shall be disposed of pursuant to Chapter 169. of the Revised Code. (K) An owner may buy at any public sale held pursuant to this section. (L) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor. (M) (1) If the owner complies with the requirements for sale under this section, the owner's liability to persons who have an interest in the personal property sold is limited to the balance of the proceeds of the sale after the owner has satisfied his lien. (2) The owner is liable for damages caused by the failure to comply with the requirements for sale under this section and is liable for conversion for willful violation of the requirements for sale under this section. (N) If no person purchases the personal property at the auction and if the owner has complied with this section, the owner may do any of the following: (1) Advertise and sell the personal property pursuant to divisions (E) to (M) of this section; (2) Sell the personal property at a private sale; (3) Dispose of the personal property in any manner considered appropriate by the owner including, but not limited to, destroying the personal property. HISTORY: 138 v H 410. Eff 1-9-81. § 5322.04. Residential use prohibited. 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Guest 00Smurf Posted February 23, 2008 Report Share Posted February 23, 2008 money is in garage. u wernt home. i didnt want to leavee it out in mailbox. check your tool box. top drawer Quote Link to comment Share on other sites More sharing options...
smokin5s Posted February 23, 2008 Report Share Posted February 23, 2008 I'm going over now and hope that he's still asleep so I can get 300 bucks j/k Quote Link to comment Share on other sites More sharing options...
Ryan218 Posted February 23, 2008 Report Share Posted February 23, 2008 i just saw a flat bed with a police car trailing it going down the street with a black BMW with tons of parts inside it? what happened? doors, fenders, ect all off it? Quote Link to comment Share on other sites More sharing options...
FourString Posted February 23, 2008 Report Share Posted February 23, 2008 Lol Quote Link to comment Share on other sites More sharing options...
Black ITR Guy Posted February 23, 2008 Report Share Posted February 23, 2008 i just saw a flat bed with a police car trailing it going down the street with a black BMW with tons of parts inside it? what happened? doors, fenders, ect all off it? means he didnt see this message.................... money is in garage. u wernt home. i didnt want to leavee it out in mailbox. check your tool box. top drawer ooopps! Quote Link to comment Share on other sites More sharing options...
verse Posted February 23, 2008 Report Share Posted February 23, 2008 i just saw a flat bed with a police car trailing it going down the street with a black BMW with tons of parts inside it? what happened? doors, fenders, ect all off it? Owned. Quote Link to comment Share on other sites More sharing options...
ICEMAN1647545504 Posted February 23, 2008 Report Share Posted February 23, 2008 Interesting... Quote Link to comment Share on other sites More sharing options...
Casper Posted February 23, 2008 Report Share Posted February 23, 2008 i just saw a flat bed with a police car trailing it going down the street with a black BMW with tons of parts inside it? what happened? doors, fenders, ect all off it? http://img380.imageshack.us/img380/2882/owned9wz.jpg Quote Link to comment Share on other sites More sharing options...
ICEMAN1647545504 Posted February 23, 2008 Report Share Posted February 23, 2008 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ I like that pic... Quote Link to comment Share on other sites More sharing options...
launchin1st Posted February 23, 2008 Report Share Posted February 23, 2008 http://codes.ohio.gov/orc/4513.60 start reading. we just went through something similar. call your sherrif. send him 1 certified letter everyweek for 3 weeks, then you can do some ohter stuff, and then maybe get a title to sell it. or, gather a posse', show up unannounced, collect money. people tend to pay at teh sight of a few lagre guys. no violence needed. Quote Link to comment Share on other sites More sharing options...
Doug1647545489 Posted February 23, 2008 Report Share Posted February 23, 2008 Who finances a car only to rip the motor out and tear the car up. Is the car actually in his name (ie not stolen). Just wondering out loud. Quote Link to comment Share on other sites More sharing options...
lawnman Posted February 23, 2008 Report Share Posted February 23, 2008 Who finances a car only to rip the motor out and tear the car up. Is the car actually in his name (ie not stolen). Just wondering out loud. good point. Quote Link to comment Share on other sites More sharing options...
Farley Posted February 23, 2008 Report Share Posted February 23, 2008 Who finances a car only to rip the motor out and tear the car up. Is the car actually in his name (ie not stolen). Just wondering out loud. probibly is stolen... 4 dr m3... jsut to strip it down.. man. Quote Link to comment Share on other sites More sharing options...
boosted98gst Posted February 23, 2008 Report Share Posted February 23, 2008 probibly is stolen... 4 dr m3... jsut to strip it down.. man. I was thinking the same thing when I read this. Quote Link to comment Share on other sites More sharing options...
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