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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8767
Experience:  30 years of corporate, litigation and international law
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civil court in illinois

Resolved Question:

civil court in illinois
Submitted: 2 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 2 years ago.

bizlaw :

What is the question you have?

Customer :

BotXXXXX XXXXXne is one of my contracted clients is threating to sue me for breach of contract when in fact the subletter, is holding his property, and won't allow me to retrieve it to do my job, and my client is being rediculous, and wont' pick up his own vehicle, nor states he won't let me tow it for free to work on it!. I have stated to him that i'm not refusing to work on the truck,, but per the subletter and sheriff, the owner of the vehicle must pick up there vehicle. I cannot. Should i worry, or just wait. I have everthing in email and text saved. Again, not refusing to work on the vehicle, Two people are now making it very difficult on me, and this will hurt my reputation.

bizlaw :

YOu have to explain what the subletter has to do with you working on a truck? Also, where do you work on the truck and what prevents you from working where you work?

Customer :

he won't release the truck to me, only the owner of the truck. and the owner of the truck, won't work with me on picking it up for him etc. to take it back to my shop to work on it. It was brought to the subletter, to get some paint work done. He never finished his job, and the truck owner is upset with me. Well the way i see it, if i can't get the truck per the police, and only the owner of the truck with title can, and he is unwilling to cooperate. I have not breached any contract.

bizlaw :

Did you hire the subletter or did the owner? Why is the subletter refusing to release the vehicle? Is he owed money?

Customer :

i hired the subletter. No money is owed. i found out he's over 4k in rent money. From his lanlord. The truck owner is just being very difficult. A kid pretty much.

bizlaw :

The problem is the subletter is actually your problem not the owner's problem. Since you do not owe him money, you are entitled to get your customer's vehicle. If he refuses, you can file what is called replevin action to take possession of the vehicle and do what you are required to do. While it would be nice if the owner cooperated it is your responsibility.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer :

yeah i was told about a replevin. But my initial question is the owner of the truck. I have told him, that i cannot pick it up per the subletters request, and per police. But he would release it to the owner and so i offered him a free tow, and more than willing to work on it in my new shop. The truck owner refuses to do so, and is threatning to sue. So i'm just gonna wait it out. Because I am not refusing to work on his truck, was only brought over to the subletter to get the truck done faster. I don't think the guy has a case to stand on. I'm not refusing anything. Period.

Expert:  Richard - Bizlaw replied 2 years ago.

I switched from chat because I could not see your response. The problem is that you picked the subletter. So you are responsible for the subletter's refusal to deliver the truck to you so you could make the repairs. The owner is only obligated to deal with you not the subletter. I do not know why the subletter is refusing to release the truck or the owner will not take delivery but that is where things stand legally.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
so since the owner won't allow me to offer him free transport and to do what the work i say i would. And i'm not allowed to pick up the truck per the police only the regestered owner. Should i just stand by my word that I've never refused to work on the vehicle and since the customer does not want to let me come get it for free. I'll just hold onto the contract then and see. I have done everything in my power to tell the owner of the truck that i am not refusing work. So since he is being impossible to deal with. Should I worry? or just hold onto my contract to see if this guy comes around. Btw, no money involved. Was a trade deal.
Expert:  Richard - Bizlaw replied 2 years ago.

I would sit and wait for the customer to take some action. i also suggest you send him a letter saying that the subletter will only release the vehicle to the owner, not you, and that you will tow the vehicle at no charge if the owner will take delivery as you are not able to. That will leave it in the customer's hands. By sending the letter you eliminate any question about what you offered to do.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 2 years ago.
we the truck owner and myself, texted this back and fourth for over an hour. I have it saved.
Expert:  Richard - Bizlaw replied 2 years ago.
Hopefully the owner will show up and take possession so you can take the truck and make the repairs. If I have answered your question, please accept the answer as that is how I am compensated.
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8767
Experience: 30 years of corporate, litigation and international law
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