My husband's motorcycle is a 1983 Honda Shadow and was having problems staying at full power. We took it to a mechanic who has had it and not fixed it for almost 4 months. Since the cycle is old I have found parts on ebay he thought were the problem, but he could not find, so I located them and had the parts sent to his shop. He still can't fix it. When I call, which has been often, he does not return calls or answer calls. I recently asked him what we need to do to take it to a mechanic who can fix it and he said pay him almost $900.00 for his time. Not only has he had this motorcycle forever, he has not done a thing to fix it. What can we do to get this bike back without paying this incompetent mechanic? We live in Florida and the mechanic is near Ocala, FL.
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Good afternoon. person in thisposition would want to send the mechanic a certified, return receipt requested letterdetailing the history and demanding the release of the motorcycle with no payment in a very short specified period of time;and inform him that if such demand is not timely complied with, there will beno choice but to file a suit against him for damages. The letter would want tomake sure to specifically mention that if payment of the $900 is required to get the release of the motorcycle, this claim will be filed not only as abreach of contract case, but also as a deceptive trade practice action, whichwill entitle one to not only to actual damages, but also an additional amountequal to 3 times that as punitive damages. That should provide plenty ofincentive to comply with your demands; but, if it does not, a suit should befiled.
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Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Not really sure about what a certified return receipt is and who should supply the history. He says he has put more than 10 hours into the bike @$60 an hour plus parts and the rest of the time is his loss. As I said he has had the bike for 4 months! It is crazy.
You just write the letter and take it to the post office...just tell them you want it sent certified, and they'll take care of that for you. It doesn't make any difference how many hours he has in the bike; he has not fixed it. You have received no benefit and are not obligated to pay.
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