Vehicle owner MIA, how long 'til I can call it abandoned.

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Joined: Sun Apr 18, 2010 8:11 pm
Location: Alviso, CA
PostPosted: Sun Aug 08, 2010 8:45 pm
I have a home shop and do metal and paint work on the side.

I have a car I was working on until the owner stopped returning my calls and missed all appointments to meet. It a complete and I've been waiting for him to provide some body panels, He picked up most of the parts that were removed so I can't even put it back together. I have a contract with him to do the work and his "payment" has been paid, it's another vehicle that I accepted as payment. I have already sent in lien sale papers because I can't get him to send the title for it.

Last I talked to him was more than a month ago (closer to two) he claimed his father was sick in FLA and his wife just gave birth and there were complications (but he still had time to call and set a time to come over and meet me). He never showed to our last meeting.

How long do I have to wait for him to return my calls before I can consider the car abandoned? I'm in CA.
85% of statistics are completely fabricated.

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Location: ARIZONA
PostPosted: Mon Aug 09, 2010 8:57 am
You will need to check your state and county laws concerning liens because they are not all the same. This information should be available online or you can usually get a clerk from small claims court to detail the proper steps to follow to protect yourself.
1968 Coronet R/T


ACTS 16:31

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PostPosted: Mon Aug 09, 2010 5:48 pm
I know HOW to do the lien paperwork, I'm just wondering how long should I give this guy to respond to pick his junk up before I claim it as my own.
85% of statistics are completely fabricated.

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PostPosted: Tue Aug 10, 2010 2:50 pm
The Resto Shop wrote:I know HOW to do the lien paperwork, I'm just wondering how long should I give this guy to respond to pick his junk up before I claim it as my own.


My point wasn't for you to find out HOW to do your paper work since you stated it was already done however your state, county should be able to answer your question of how long you need to wait before taking possession of the property.
I recently took someone to small claims court in another state. What I quickly found out is the laws for each state are different when dealing with claims against property. Unless there is someone with firsthand knowledge of how things work where you live then their advice may not be correct or hold up in court if the guy comes back after his stuff.
1968 Coronet R/T


ACTS 16:31

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Joined: Sun Apr 18, 2010 8:11 pm
Location: Alviso, CA
PostPosted: Tue Aug 10, 2010 3:13 pm
I see what you mean now, thanks.
85% of statistics are completely fabricated.

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No Turning Back
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Joined: Tue Oct 28, 2003 12:50 am
Location: Cleburne, TX
PostPosted: Mon Aug 23, 2010 3:56 pm
I know that in most every state and in California, you will need to send him a certified letter notifying him of your intent. And also state that beginning with the date of the letter that you are going to start charging storage fees and state the amount per day. You must also give him a time limit to either pay or pick up his vehicle. Once you have your mail receipt back and the number of days lapse which usually 30 days is enough, you file your papers with the county attorney office. If you are required more time, they will tell you so. Texas and California laws are very very similar.

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Location: Alviso, CA
PostPosted: Mon Aug 23, 2010 7:05 pm
That sounds reasonable. I've already emailed him several times but I know that doesn't count as far as being a legal notice. I'll start with certified letters.
85% of statistics are completely fabricated.

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Location: Alviso, CA
PostPosted: Sat Aug 28, 2010 1:42 am
The guy finally contacted me, said he was in FLA taking car of his father's final arrangements. I can understand losing a family member and putting other things on the back burner but not returning any emails for more than a month. Maybe I'm not being compassionate enough. He did sign over the title to the "payment" vehicle.

Anyway, he came over, we talked, and he gave me a wad of cash to buy the body panels I need to continue work. He also said he'd be back next week with more cash so I can buy the paint. Am I being stupid? Should I have cut ties with this guy? My wife says we need this car to be finished to build my portfolio of finished cars. We'll just have to wait and see if he keeps up with it and stays in touch.

Bart
85% of statistics are completely fabricated.



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Joined: Sun Jul 18, 2010 11:36 pm
Location: Staurt FL
PostPosted: Tue Aug 31, 2010 10:28 pm
i get this alot maybe not 2 months long on big projects, even on peoples daily cars they dont call back for a day or two, then u get the people that call u 3 times a day



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Location: Columbia, SC
PostPosted: Tue Sep 07, 2010 11:05 am
I think that your willingness to work with him will go further on your resume than another photo of a finsihed car. Word of mouth! He should have contacted you just to keep you posted, but he does mean well is sounds like.
Just trying to relearn what I did 20 years ago!
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