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Posted

Odd ball X-Mas Eve question.

 

Kid dropped off a 1998 528 4+ years ago. Came by a few times to check up on the car (wanted some electrical work done) then dropped off the face of the earth. Car had an engine swap and wasn't starting due to harness/computer issues. Tried contacting the customer didn't respond for months. After about 2 years, we decided enough was enough (I know i have patience!). Never got a dime from kid. Ended up sending it to the scrapper. Fast forward another 2+ years, got a call from the kid's dad apparently asking about the car. Told him his son left the car for 2 years and we had no contact from him so we junked it. Asked for paper work which I don't even think I have anymore (moved locations).

 

How would you guys have handled this situation? Not sure if I am liable for anything but I was pretty shocked and annoyed someone would call and ask for the car and then give attitude and demand paperwork. I even told him what if I left my car in his driveway for 4 years, what would he end up doing. I could careless at this point, he can take me to court if he wants. Just wanted to hear some of your thoughts.

Posted

HAHA, I knew this was gonna be a good one before I even opened it.

 

As far as actually contributing to this thread or offering any good advice, I'm not sure I'll be any help. I'm interested to see what others have to say. Surely someone here knows the legality of the situation, but it may be on of those things where it is different from state to state.

 

If nothing else, you could just play dumb. "What car are you talking about? I don't remember any of that!"... Might sound rude, but like you said, how would he like it if you left your car at his place for 4 years...

Posted

He called up and said, "Hi my son brought in my 1998 528 for some engine replacement... or some harness engine work. Is the car ready?" LOLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

 

Lets just glaze over the fact your son DROPPED OFF THE CAR 4+ YEARS AGO AND NEVER CAME BACK! East Indian from the sound of his accent. I really wanted to say, "Really??? REALLY?!?!?!?!?!?!?!"

Posted (edited)

Here would be my understanding of this situation here in Indiana:

 

1)I could jump through the required hoops and get a mechanics lien title. This would take me about 2 months and costs about $125 plus my time. If you can do 2-3 of these at a time it spreads out the cost. As the big expense is the newspaper ad.

2)I could call the tow company that removes vehicles for the city and have them tow it off. It would go to their impound yard where the owner would receive notice and would eventually be sold or scrapped. I might have to pay for the tow.

3)I could push it out onto the street and let the city remove it as an abandoned vehicle.

4)I do know some scrappers who will take cars without a title. I could call them.

 

Number 1 and number 2 are perfectly legal. Number 3 & 4?????????????? I would not dispose of a car without giving legal notice (certified mail) to the last know legal address.

In NC there is some wording that basically says once the vehicle has been premises for X amount of time the propert owner do what they want. However according to license and theft that does not apply to a situation where you worked on the vehicle.

Also from my understanding that because it could be considered a theft which may be classified as a felony the statute of limitations could be from 7 years to no limit. Hopefully in your situation if they take you to court the judge will use some common sense and side with you. For future refrence I think I would contact a lawyer or just have it towed and cut the losses.

 

Sent from my SCH-I605 using Tapatalk 2

 

Edited by ncautoshop
Posted

I seriously wouldn't sweat the whole thing. Based on the fact that these people left the car for 4 years, I doubt they will really pursue it... IT TOOK THEM 4 YEARS TO FOLLOW UP WITH YOU ON THE CAR!!!!! Now all of the sudden, they are going to get serious about it???

 

I wouldn't loose any sleep over it.

Posted

Just had this happen to us also. After multiple calls from me and them never returning them I called from a blocked number and got them. She said she'd call me the next day and a month later I called again and the number was dead. I disposed of the car after 6 months and the same week their father called...

 

I told him we had it towed away and he wanted to know where. I informed him I would see if I had records after he paid the bill. Around here impounds will tow a car for free so there is no paperwork on my end. Eitherway, the father wasn't going to pay so I didn't help him at all.

  • Like 1
Posted

More than likely you have nothing to worry about. However, it really depends on how hard the customer wants to push it. Any time I have a vehicle that I think the owner has abandoned, I call a local lien company. This is what they do, and it shifts the responsibility on to them to make sure everything is done properly. The reason I say that ultimately it depends on the customer, is because you can be sued for just about anything. We did a repair on a vehicle that was under $300.00 for a local used car dealer. We tried to contact him and left numerous messages for about 90 days. After that, we went through the lien process. At the end of the process, he filed a lawsuit against us (to challenge the validity of the lien process), we then filed one against him. He asked for $10,000.00 in punitive damages to take it out of small claims court just so I would have to incur significant legal fees from my lawyer. We prevailed because we had done everything correctly (had all our records of the work that was done, when the calls were made, the lien filing, etc.) and had a good attorney. We prevailed in both cases and we were even awarded attorney's fees which is rather unusual. The total award was around $4200.00. It was a nice victory, except we were now up to about $8000.00 in legal fees. Now he is appealing the decisions. We go to court next month and we have already spent another $3000.00 defending the appeal. I'm expecting another $3000.00 before the hearing is over and who knows from there. I'm hoping the judge will find the whole situation as insane as it truly is and this craziness will end.

 

So like so many of the issues all of us deal with everyday, the customers mental state has so much to do with it. I don't know how much he has spent in attorney's fees, I do know he is out at least $4200.00 and his time. I can't image any sane person that would that much money, time, and energy over a $300.00 repair.

 

Scott

Posted

More than likely you have nothing to worry about. However, it really depends on how hard the customer wants to push it. Any time I have a vehicle that I think the owner has abandoned, I call a local lien company. This is what they do, and it shifts the responsibility on to them to make sure everything is done properly. The reason I say that ultimately it depends on the customer, is because you can be sued for just about anything. We did a repair on a vehicle that was under $300.00 for a local used car dealer. We tried to contact him and left numerous messages for about 90 days. After that, we went through the lien process. At the end of the process, he filed a lawsuit against us (to challenge the validity of the lien process), we then filed one against him. He asked for $10,000.00 in punitive damages to take it out of small claims court just so I would have to incur significant legal fees from my lawyer. We prevailed because we had done everything correctly (had all our records of the work that was done, when the calls were made, the lien filing, etc.) and had a good attorney. We prevailed in both cases and we were even awarded attorney's fees which is rather unusual. The total award was around $4200.00. It was a nice victory, except we were now up to about $8000.00 in legal fees. Now he is appealing the decisions. We go to court next month and we have already spent another $3000.00 defending the appeal. I'm expecting another $3000.00 before the hearing is over and who knows from there. I'm hoping the judge will find the whole situation as insane as it truly is and this craziness will end.

 

So like so many of the issues all of us deal with everyday, the customers mental state has so much to do with it. I don't know how much he has spent in attorney's fees, I do know he is out at least $4200.00 and his time. I can't image any sane person that would that much money, time, and energy over a $300.00 repair.

 

Scott

 

 

wowww that sounds terrible Scott.

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  • Have you checked out Joe's Latest Blog?

         0 comments
      The Technician Shortage Is Our Fault, And It's Time We Own It
      Nearly every day, I hear shop owners complain: "There's a technician shortage. We can't find qualified people. There's no one out there." If that's true, then who's to blame?
      The industry? The schools? The government? I don't know how you feel, but who promised us an endless supply of qualified technicians?
      Another common complaint is that young people do not want to work in the trades. Well, if that were true, then why are other trades such as HVAC, electrical, and plumbing growing? What are they doing that the automotive industry is not? 
      Here's the reality we need to face: We do have a problem, but we shouldn't look for someone or any entity to rescue us. Not the government. Not the trade schools. Not the recruiting companies. No one owes us a workforce. If we want great people in our industry, it's up to us. At some point, we need to own up to the truth: Building a pipeline of qualified technicians is our responsibility.
      In this blog article, I will break down the key reasons we are in this situation today and what we, as an industry, can do to solve the technician shortage. Are you ready to look in the mirror?
      Have We Pushed Technicians Away?
      Let's take a look at flat-rate pay. True flat rate, which pays a technician only for the hours they produce, is a controversial pay plan that emphasizes high production levels and creates a competitive work environment that, if not properly controlled, can lead to increased mistakes and a decline in morale and team spirit. Additionally, the stress and physical demands placed on technicians as they age are not favorable to long-term employee retention. What do we do with technicians as they grow older into their fifties and begin to slow down? 
      I have heard all the arguments and pros and cons of flat-rate pay, and I am not going to judge any pay plan. Let the facts speak for themselves. True flat rate has changed in most areas around the country and has evolved into a pay plan that gives technicians some pay guarantee.
      Many shop owners have learned that team morale, along with the opportunity to earn income, is important to technicians and to the company's long-term success. But let me ask you: how many technicians have left or been pushed out over the years because of the old flat-rate pay system?
      Another issue is the workplace environment. I remember being grateful to be hired as a young technician at a local repair shop. While very thankful, the work environment was not ideal. The shop owner kept the bay doors open year-round (I am from New York) unless it rained or snowed. He felt that if the bay doors were closed, customers might think we were closed for business. We had no heat and no hot water. Many of the jobs were done outside, year-round,  in all types of weather. The starting pay was minimum wage, with no benefits, sick days, or vacation pay. 
      Now, again, I need to point out that I was truly grateful for the opportunity this shop owner gave me. I learned a lot working there, and the experience was pivotal in my career. But looking back, I wonder how many people were discouraged by these working conditions?
      While the physical demands of the repair workplace are daunting, perhaps even more critical is the culture. Too many of my generation shop owners preached the mindset of "my way or the highway." We were the business owners, after all. We started our companies, took all the risks, and provided jobs. Why shouldn't we be the ones to set the ground rules our way?   
      Many of us found over the years that the "my way or the highway" mentality was a sure way to isolate employees and make them more likely to look over the fence for greener grass. In other words, it led many technicians to seek employment elsewhere, where they felt they could be appreciated and recognized for their hard work. The issue, however, was that there wasn't much green grass around. Disappointment after disappointment, bouncing from repair to repair shop, eventually led to despair. So, I ask you: were workplace conditions a contributing factor in today's technician shortage?
      Another factor that we are all well aware of is the complexity of the modern automobile. When I started, the work was mostly physical, and you were required to master essentially three vehicle models: General Motors, Ford, and Chrysler. Let's fast-forward to today. The evolution of automotive technology, along with the extensive training and tools required, has outpaced the typical technician's pay compensation, with no clear career path. Again, leading to frustration and insecurity about the future.
      Here is the bottom line: people don't leave their job; they leave their experience. We must do a better job. 
      The News Isn't all Bad; Your Next Steps to Fix the Technician Shortage
      To fix the technician shortage, it will take a combined effort from everyone in the automotive industry, particularly automotive shop owners. Shop owners are in the perfect position to make the greatest impact, not only on their businesses but also on the future automotive workforce.
      First, shop owners must become better leaders and understand that their ultimate success is directly dependent on the people they assemble around them. Any shop owner who mistakenly believes they can build an empire solely on their abilities is destined for serious disappointment. Business owners who think like this will eventually plateau. Without the collective contributions from a team of qualified people, your business will stall; it will not continue to grow.
      Create a workplace that attracts top talent: a clean, professional, well-equipped facility designed to support productivity, teamwork, and a career, not just a job. Build a great reputation in your community by getting involved locally. Become the auto repair shop that people take notice of as "the" place to work.
      Next, shop owners must become more financially knowledgeable. Knowing your numbers and what you need to achieve for a strong bottom-line profit is essential to paying technicians the money they need and deserve. Profit will also allow you to compete with other trade industries by providing a benefits package that has real take-home value and security.
      When it comes to culture, this is where the rubber hits the road. People crave recognition, praise, and a sense of purpose. Despite what you hear, people are not just money-motivated. Once people feel secure in their financial situation, retaining and motivating technicians can only be achieved by connecting with them on an emotional level. You cannot show enough appreciation. Give out praise for a job well done as if your business depended on it, because it does.
      As technicians age, we need to have a place for them. Expecting a 58-year-old to perform like a 35-year-old is unrealistic. We need to be more focused on career pathing. Provide training, skill development, and coaching to develop leaders and mentors within our older workforce. While their bodies may have slowed, the knowledge they have gained is priceless. 
      Our future is dependent on young people entering our industry. We need to give more young people opportunities. Every shop owner across the country should consider hiring an apprentice, then build an apprentice training plan and career path for them. If every shop did this, we could solve the technician shortage within five years. Get involved with the trade schools and high schools in your area. Look into the NAPA Apprenticeship Program. Don't sit on your hands with this one. Do it today.
      Lastly, don't get left behind. Commit to ongoing training for all your employees. Keep up to date with tools and equipment tailored to your business model. Don't try to be all things to all people and all vehicles. Identify your core profile customer and the vehicles they drive, and become an expert on those vehicles and the services you offer.
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