From my attorney general's office website it states that the attorney general is not a personal lawyer, but is out to protect any and all consumers. This company makes custom concession trailers for normal business, but they aren't a monument of consumerism like walmart.
Steve
He is not a personal lawyer, true.
However, he is stealing parts off your trailer that is in his care.
If the AG would not be interested, perhaps the Criminal District Attorney would be?
There is no mechanic's lein in this contract. It is written very simple. This shop isnt a repair shop, just a place that had space to remove my shell, and do the welding repairs that I needed.
Later I will post the exact contract up here.
Dacia, dunno about the local report from the news, but this business is very specialized, and there is not a huge amount of call for it's services in the area.
This shop states that they have spent way more time than they thought they would have on this trailer, and underbid the work. It is funny since they didn't even have to fabricate a new frame from scratch. They haven't stolen parts, but have damaged them or lost them.
They blame all damages, lost parts, and taking this long due to me. They won't accept any responsibility for it.
I am hoping that the local PD will show up in order to ensure I am not messed with (If I can get the people to help move the shell and frame).
I had a similuar situation with a car and had a lawyer send the shop a letter stating my position with a copy of the signed work order and his (shops) obligations under the contract.
Got the car back with the agreed upon repairs less than a week later.
The lawyer knew on the front end I was only interested in his sending the letter under his letter head.
There is no mechanic's lein in this contract. It is written very simple. This shop isnt a repair shop, just a place that had space to remove my shell, and do the welding repairs that I needed. Steve
Mechanics liens typically are created by statute (legislative law) and don't have to be written into a contract to be effective. Often they are "the law of the land." However, mechanics liens may be limited by statute to certain types of businesses. You might research the Missouri mechanics lien statute to read it, see what it provides, and learn whether the shop doing your work falls among the types of businesses that can assert a mechanics lien under your facts.
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The AG may still be able to help. We had a toy show we signed up for, and paid for a dealer table. Then the guy cancelled the show, and kept putting off giving us our money back. After dragging his feet a few months, we called the AG, and even though it was a small time guy, and only a couple hundred dollars, they still sent him a letter. Within a week we had our money back. I was really surprised the AG helped us, and that it worked.
Calling a local TV station might be more helpful than you think too - especially because you are an active soldier, and too far away to handle the situation, being given the shaft by this guy who is handling things very unprofessionally. Maybe the IRS would even like to hear about his 'side jobs', or at least you could bring that up if he keeps saying that.
You don't need a lawyer to go to small claims court, for less than $5 you can start a small claims action, when they get to court the judge will get them to talk. IN most cases the judge will push both sides to settle.
You can be in court in about 2 weeks, IMO that's your best option.
As far as a lawyer, to handle this is perhaps $200 an hour, they can go to small claims court with you also.
If the shop don't show up you'll get a default judgment against them.
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I am not denying that the shop has done work to this point, but they are making it out to be like they have done enough to warrant full payment, and demand more for the rest of the job. I would rather take it as it is, and not bother paying them more money.
I agree about the "side job" comment and the IRS, perhaps we will just have to let them know about that. Would they have a consumer line about this?
Since you're military, maybe you could get some help at your base JAG office. They may even write to the nutcase on your behalf. Since the guy has a limited customer base a military "offlimits" warning won't work, but they may give you some advice as to your legal standing.
All-in-all, the Small Claims Ct route is probably the only way to salvage any thing. Guys like this could care less about threats of the IRS or the BBB. But since you asked, the IRS does take information on others - check Internal Revenue Service and look around. There should be something there. There won't be any satisfaction for you, though, they'll never tell you if they used your information or not.
______Tom
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If you let them hold your trailer waiting for payment they will most likely start adding on storage fees. You could always get on Judge Judy's Show, she will make things right!
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