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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I took a motorcycle to a repair shop after a collision, and i

Customer Question

Hello...
I took a motorcycle to a repair shop after a collision, and it has been almost 9 months. The body parts have been painted, all replacement parts have been purchased. Yet the repair shop keeps making excuses about why it has not been re-assembled. The agreement was that he would dis-assemble the motorcycle so the frame could be checked and blue-printed by a "specialized" shop and the body parts repaired/painted by a body shop, then re-assemble it. When I dropped it off end Oct, 2014, I asked how long would it be AFTER he had all the parts and frame repairs (if/as needed) and paint work done, for him to get it all put back together and running. He said Oh, not long, I think a week or so. I expressed my hopes and wishes that it would be done by first of April. Well as of our last phone conversation a few days ago, he said "it was in his list, maybe next week or two". He has told me that now several times. This last time he said if I was in a big hurry, that I was welcome to come pick it up as is, and I could put it together. He said he would figure out what I owed and I could pick it up after I paid him. In Oct, we had agreed on $1000 plus parts and paint. My concern is that he will expect the $1000, plus all the parts and paint, plus who-knows-what else... And I will still have to pay another shop to finish the work, hopefully none of the parts will be "lost or missing". This repair shop is in Roseville, CA. I live almost 100 miles away in Truckee, CA. I took it to him because the specialized frame repair shop recommended him. What are my options? Thnx.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. If I may ask, are you paying for this out of pocket, or through insurance?
Customer: replied 1 year ago.
I am paying this out of pocket.
Customer: replied 1 year ago.
I have never used a system like this. So I may be slow responding etc. Are you there? How long does it take for you to respond?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, I am here as well, and I am drafting my answer.
Expert:  Dimitry K., Esq. replied 1 year ago.
You should have a response very shortly, about 5-10 minutes, although when I am working with multiple customers there may be a delay
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, It appears that you are somewhat at the mercy of this mechanic. Therefore it is in your best interest to get the terms in writing. Email him, call him, have him fill out an invoice, but on that invoice put down ALL he promised, all the work, and place a deadline. This permits you to have a paper trail because if he then refuses to comply you have a formal contract. If that escalates you can then go to your local county courthouse where the shop is located, and file for 'replevin' (return of personal property) if he refuses to return it. And yes, you can give him an actual deadline so if he refuses, you can go to court and claim injury over breach of contract and withholding of your private property. Hope that helps and please keep the rubber side down.Sincerely, ***** *****
Customer: replied 1 year ago.
What is this all about? I do not like how this works, i am no longer interested in having you help me... This is starting to look like a very complicated situation. Your ad said FREE... then it was more... now it is $52. Forget it!
Expert:  Dimitry K., Esq. replied 1 year ago.
I am sorry, I have no control over this process and will ask the moderators to close this out.