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WE gave our 1967 Fastback Mustang to a paint shop to get…

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WE gave our 1967...

WE gave our 1967 Fastback Mustang to a paint shop to get painted. We gave the shop 4000.oo

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Colorado We paid 4000.00 dollars half of the 7000.00 we would be charged. I have been trying to get the car back and have received several text messages back about when we could get the car or even see it. He has made up several excuses even thought I have offered him full payment. WE haven't seen our car for over a year and now he has said he filled a restraining order for me to stay away from is shop. All I want is the car back we will pay any money owed for his services but he just keeps lying to us. What papers do I need to get my car back it was an inheritance from my husbands father and really means a lot to us. Thanks Patricia M Schultz

Lawyer's Assistant: Has anything been filed or reported?

Not by us yet. We were suppose to get it back once again on Saturday or maybe Sunday. I received a call Saturday afternoon from a Police officer that told me I would be arrested if I went by the paint shop. I can't believe the Denver Police would call me when someone is stealing our car.

Submitted: 7 months ago.Category: Legal
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12/18/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. This appears to be a breach of contract based on the failure to perform within a reasonable time because they have kept your vehicle for over a year without any legal justification to do so. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

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