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I need some legal advice

Discussion in '1973-1991 K5 Blazer | Truck | Suburban' started by fourwheelerjeff, Dec 31, 2001.

  1. fourwheelerjeff

    fourwheelerjeff 1/2 ton status Staff Member Moderator

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    ok guys, here is the story, about 3.5 years ago i transferred to a town in the panhandle to be close to my parents because I had custody of my two girls, (7 and 5 then), i met a guy who was going to paint my 72 blazer and 79 k10 for me, after he came to my house to give me some estimates we got to talking and I told him I would be transferring soon, he offered to keep my 4x4s in storage for free (4 blazers and 5 pickups) because they were going to widen the hiway where his shop was and the state was going to pay him so much for every vehicle he had to move.(i have a witness to this) we kept in touch and he even sold a pickup and sent me the money, I told him someday I would move back and every time I came down here to bring the girls to see their mother, I would go by and see him, well I am transferring back within the next three months and now all my stuff is gone and he will not return any of my calls, I called the previous owner of the 72 and he told me that he had gotten a letter a couple of months ago from this guy telling him to either pay for storage or come and get the blazer, and then the guy would not call him bck either, I don't know where my stuff is and the guy will not call me back, we had an agreement that I have a witness to, he never tried to contact me even though he had my address from sending me the money for the one pickup, so can anyone tell me what my options are, I am thinking about getting a lawyer and suing him, oh yeah, I also paid for the 2 paint jobs and have the reciepts and neither got painted. I guess I am too trusting of people, I expect your word to be your bond like I try to be, BTW, I am moving to Fort Worth and that is where all my vehicles WERE stored, thanks in advance for any and all help!!!! Jeff

    it is always easier to ask for forgiveness than permission
     
  2. thatK30guy

    thatK30guy 1 ton status Premium Member

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    Can you say.....GRAND THEFT AUTO?!?! [​IMG]



    I'm not picking my nose...I'm just pointing at my brain!! [​IMG]

    <a target="_blank" href=http://coloradok5.com/gallery/thatK30guy>The K30 Collection</a>
     
  3. Nonesuch

    Nonesuch 1/2 ton status

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    Man that is a bad situation! I hope you can find a solution to it soon. There is a CK5 member on here that is a lawyer but I dont know his username. I am willing to bet that he could give you some advice.

    I am glad to hear that you got your transfer. Sorry to hear that it wasnt to Austin though. Do you still have that 74 blazer for sale? Or is that one of the missing vehicles?

    Good luck in recovering your losses and if you need any help in giving an attitude adjustment let me know. I will be right there!
    Justin

    edit: I did a quick search and figured out who the lawyer was. His username is <a target="_blank" href=http://.http://coloradok5.com/forums/showprofile.php?Cat=&amp;User=lasvegas&amp;what=search&amp;Forum=blazer4x4&amp;Words=lasvegas&amp;Match=Username&amp;Searchpage=0&amp;Limit=10000&amp;Old=allposts>lasvegas</a> I would shoot him a PM and see if he can help you out or refer you to somebody!

    Austin, Texas K5'er&lt;P ID="edit"&gt;&lt;FONT class="small"&gt;&lt;EM&gt;Edited by Nonesuch on 12/31/01 02:25 PM.&lt;/EM&gt;&lt;/FONT&gt;&lt;/P&gt;
     
  4. ChevyCaGal

    ChevyCaGal 3/4 ton status

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    Las Vegas is the guy on here who is the lawyer... get anything in writing? You need to get what you can on paper. If you do find him buy a mini tape player to record anything he says. Also use your witness to help you.....you might have a case and seeing how it's Texas I bet a good chance of getting him.....

    &lt;&gt;&lt;<a target="_blank" href=http://www.chevycagal.homestead.com/steph.html>Steph's Webpage</a>&gt;&lt;&gt;
    Suck Fumes Ford Boy
    I'm in shape.... round is a shape......
     
  5. Nonesuch

    Nonesuch 1/2 ton status

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    Steph are you trying to tell us that texas has some kind of a stiff justice system? I believe we are still number one in the number of executed felons that die each year. Its almost kind of sad.

    Jeff when you find the guy give me a call and I will personally bring the rope...you supply the tree...LOL J/K Never ever steal a Texas mans truck...this guy is crazy!

    Austin, Texas K5'er
     
  6. fourwheelerjeff

    fourwheelerjeff 1/2 ton status Staff Member Moderator

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    well, since the rest of my stuff is in limbo, I just bought a trail blazer to fix up and tear up, if anyone is interested it is ebay#599658784, prolly a little tall, engine prolly weak, well go take a gander and tell me if I got took

    it is always easier to ask for forgiveness than permission
     
  7. ChevyCaGal

    ChevyCaGal 3/4 ton status

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    I'm saying in Texas you guys don't seem to be quite as lame as we are here when it comes to car theft and things like this. You steal a car here and they don't do jack to you. Ask Tori about what they did to those guys who stole his Blazer... jack didley.....

    &lt;&gt;&lt;<a target="_blank" href=http://www.chevycagal.homestead.com/steph.html>Steph's Webpage</a>&gt;&lt;&gt;
    Suck Fumes Ford Boy
    I'm in shape.... round is a shape......
     
  8. Nonesuch

    Nonesuch 1/2 ton status

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    Thats a bummer for you californians. I "borrowed" my moms car when i was 16 and it never made it home. I went 2 weeks without telling a soul and finally the police came and hauled me away. The state of Texas pressed charges on me for GTA even though my parents didnt want too. SO i would say you are right on about Texas not pussyfooting around to prosecute somebody!

    Austin, Texas K5'er
     
  9. 55Willy

    55Willy 3/4 ton status

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    Went and looked at you new purchase.
    a 12" lift and 3/4 ton axles will run ya more then $1,200 so you did pretty good, just depends on how beat the body is. And yes a 305 would be a little weak with 39.5's.

    <font color=red>Life is like a mud hole:</font color=red><font color=blue>
    When the S#!T gets deep, you have to keep moving and friends can always pull you out</font color=blue>
    55 Willy's
     
  10. arq

    arq 1/2 ton status

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    start adding up evidence. get phone bill records of when you called. get recieps or anything that can prove that you went to see him, if you can remember the days mark them up in a calander. get a written statement from your witness. gather up as much as you can. start now, don't leave it till you go to court

    ARQ.

    offroad baja!!!
    72 4x4 CST Blazer
    71 4x4 CST Blazer
    <a target="_blank" href=http://coloradok5.com/gallery/ArqDennis>My Pics</a>
     
  11. Thunder

    Thunder 3/4 ton status

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    The guy stole your trucks.
    If you have the titles and a good witness I think you should go talk to the loca DA and file charges for grand theft ASAP. let the law handle this one. They can find him. Once the law contacts him and he decides he wants to make things right between you and him or go to jail, you can always drop the charges. Use the law thats what its there for.

    Or you can let me handle it. I'll be glad to Keel Haul the scurvy dog.

    <P ID="edit"><FONT class="small">Edited by Thunder on 12/31/01 05:32 PM.</FONT></P>
     
  12. HarryH3

    HarryH3 1 ton status Author

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    This site is a GREAT place to get K5 advice. But if you want valid, binding legal advice, you might want to check out ColoradoLawyers.com. [​IMG] Or call a real attorney, in Texas. They're MUCH more likely to have correct answers for you. [​IMG]

    <font color=black>HarryH3 - '75 K5</font color=black>
    <a target="_blank" href=http://www.angelfire.com/super/ThunderTruck>www.angelfire.com/super/ThunderTruck</a>
    It's a great day to be alive...
     
  13. 1986Blazer

    1986Blazer 1/2 ton status

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    I lived in Arlington, Tx for 9 years and was the owner of a private investigation firm that did work Statewide as well as some international work. If you need the guy found, give me a PM and I will see what I can do. I still have MANY contacts in the DFW area as well as several in the panhandle. If hardest part is locating him then it could be as simple as going and getting them on a kinda "comando" mission. As long as you have CLEAR title, and he had not filed a lien against you or your trucks, it is as simple as going and picking them up. I have more advice, so PM me if you want more info.

    <a target="_blank" href=http://www.geocities.com/keywestk5/KeyWestK5.html>http://www.geocities.com/keywestk5/KeyWestK5.html</a>
    So I says to him, I said, "get your own monkey."
    1986 K5, 350 GM Crate, 700R4, NP208
     
  14. txbartman

    txbartman 1/2 ton status

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    I would love it if you could help Jeff out. During his trip down here I was supposed to be buying that 74 from him! I thought it kinda sucked for me to get a good deal on a trail rig and then have it disappear! But, that is nothing compared to everything he has lost.

    If you could help him and the rigs get found, I know I will be happy, too!

    Brian
    Check out <a target="_blank" href=http://tx85gmcguy.alloffroad.com>My Jimmy</a> with all her projects!
     
  15. lasvegas

    lasvegas 1/2 ton status

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    I am the lawyer that was referenced above. I read your post a couple of times and I am not sure that I understand what you did. Did you give him 9 vehicles to store for you? If so, did you have a contract with him? Did you pay anything for the storage? Did you have a contract with him for the paint jobs? I am a trial lawyer in Nevada and the statutory law may be different in Texas. But under Nevada law, the common law can be modified by statute and a person who supplies labor or parts on a vehicle can obtain a lien on a vehicle. Same thing for someone who stores personal property. If either of these types of people are not paid, then the law in my state give them the right to assert a lien and satisfy the lien by sale of the property. BUT, in each situation, there should be notice given to the owner. The whole thing is complicated without a contract. Also, there is an idea of bailment. This is a situation where someone gives someone else there stuff to hold for them. Then the issue is who benefited from the tranaction. If the holder benefits, he owes a high duty of care to the owner. If the owner benefits, then the holder owes a slight duty. And if they both benefit, then he owes an ordinary duty of care. Slight duty in this situation means what it sounds like and he is only responsible for gross negligence, basically. Ordinary care is the NORMAL idea of negligence, reasonable given all the circumstances. High duty means almost like a fiduciary, he has the obligation to act with your best interests in mind. Given the facts, it would seem like you both benefited, ie, you got your stuff stored and he apparently got some state money. But his purpose may be illegal or otherwise fraudulent. In short, I am just trying to give you some ideas of the issues that you are faced with. The best thing you have going for you is the fact that he sent you a check at some point which proves that he has your address. I hope you have a copy of the check, a letter or an envelope from him. A contract for goods or services over $500.00 must be in writing but a writing can be almost anything. You may be able to prove the existence of a contract with just a check or admitted performance. Again, I would be worried that he may have claimed some kind of liens as a storage facility or a garageman and then you have prove he did not follow the statutory notice requirements to win. It is sticky. If you need a referral, let me know and I can steer you in the right direction. At the very least, call the State Bar and ask for a referral from them and they can help. It is free. And this is just my thoughts based on what you wrote and what I understood, it you have more questions, e-mail me . . . good luck. Remember, I am just giving you some ideas, not actual legal advice that you can rely on in Texas!! Just trying to help. . .
     
  16. 1986Blazer

    1986Blazer 1/2 ton status

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    lasvegas:

    Great advice. Jeff, take this advice to heed, the legal angles can be complicated. If I am correct, the whole incident occurred in the Fort Worth area. If this is true, I know dozens of great lawyers that specialize in all different areas. Be warned, any legal help will cost money. The partner I had in my PI firm was an attorney that also practiced out of his own office (which he subleased from me). I am not an atty but I know alot about the process and costs involved. Not too may attys will take something on like this for less that $500.00 - and that is only if the matter is resolved out of court. If you win in court, you can likely collect your attorney fees from this scumbag but if he is poor, good luck - you may never get your $$ back or your trucks for that matter. I do know this, in Texas. All liens have to be filed with the county clerks office where the lien holder (this would be the scumbag) resides and the county clerks office where the "debtor" resides (that would be you). If the guy DID NOT file any liens then, and again there may be other factors, there is really nothing stopping you from "repossessing" your trucks. If you can find them, there should not be too much stopping you from going and getting them. I do not recommend knocking on the door, it is better to act as your own personal repo man and getting them when you can get to them and where you can get to them. IF you do this, it is ALWAYS recommended you tell the local police or sheriff your plans. Make sure you have current and valid title documents for the vehicles.

    I can find most anyone, I just need a name. I'd be happy to give it a try for no cost. I can find most people fairly fast. Regardless, lets get your trucks back. Oh yea.....the only thing lasvegas said that was not correct is the Tx State Bar does not give out referrals - a wierd state law forbids them from doing that.

    <a target="_blank" href=http://www.geocities.com/keywestk5/KeyWestK5.html>http://www.geocities.com/keywestk5/KeyWestK5.html</a>
    So I says to him, I said, "get your own monkey."
    1986 K5, 350 GM Crate, 700R4, NP208
     
  17. lasvegas

    lasvegas 1/2 ton status

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    I defer to 1986Blazer on any quirky texas laws (I am sure there are a lot!). My post was only offered as a starting point and to give you an idea that it may not be as simple as "he stole my trucks". It is better to go in to this thing knowing where the land mines are!!!
     
  18. 84_Chevy_K10

    84_Chevy_K10 Banned

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    From what I understand, Texas law allows the use of deadly force to protect your property. I don't think I'd be tresspassing, even in this instance. The police and a search warrant would be much better.

    If I did go on a little, "commando" mission to get my vehicles back, and I did it in Texas, I certainly would not go un-armed.

    Tim
    '84 Chevy K10, lifted, loud, fast, and 3/4 ton axles
     
  19. lasvegas

    lasvegas 1/2 ton status

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    Don't do that. "Self help" isn't legal anywhere. You would not be "protecting your property" in that situation. You would spend more on a criminal defense lawyer and losing your freedom that you would spend on a civil lawyer to figure out the situation for you in the first place.
     
  20. chevyracing

    chevyracing 1/2 ton status

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    I am not a lawyer but I would suggest doing a title search and finding out if the vehicles have been re-registered and to whom. That would give you a place to start.

    John

    Like to go sloppin' 'round in da mud in a rapid fashion....=)

    <a target="_blank" href=http://coloradok5.com/gallery/albun31?&page=1>BLAZER PICS</a>
     

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