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Old 04-30-2007, 04:24 PM   #29
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Originally Posted by azflycaster
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!
I could only wish to get on Judge Judy. As for the JAG comment, JAG is on base to support the command and soldiers on issues such as divorces, powers of attorney, military contract disputes, etc. They really cannot help with this type of issue.

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Old 04-30-2007, 06:47 PM   #30
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Angry Hey!!!!!!!

I just read your post with these magic words

I'm active duty military


Call your local command!
  • First there is the "soldiers & sailors relief act" that makes it really hard for people to mess with you - especially when you're deployed. It puts all sorts of restrictions on garnishments, repossessions, and even your spouse divorcing you when you can't have the free time and money to fight it.
  • Secondly, your command can call the shop. No one likes to be put on Uncle Sam's blacklist. All it may take is for some iron-ass officer to say "how would you like your shop to be off limits - even as an accepted subcontractor?" and you're fixed.
  • Thirdly, a Navy/Army/Airforce/Marine/Coastguard/Seabee (did I get them all?) lawyer can write you the letter to the shop, and might even help you if it comes down to small claims court.
  • Finally, contact the local paper. "Soldier Being Screwed by Local Businessman" makes a headline NO business owner wants to see.
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Old 04-30-2007, 07:32 PM   #31
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Tell others WHO this place is so they don't end up taking their AS's in there.... just don't say on here, so it's not held against you...
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Old 04-30-2007, 07:56 PM   #32
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Ouch...

Even though hiring an attorney for the full dispute process might be expensive, hiring one specifically to draft and write "The Letter" should be pretty cheap, if you find one who does commercial and contract and consumer disputes to start with...

Rule #1 of dealing with lawyers (my personal list..) is to avoid dealing with generalists. Find someone who handles similar cases a lot.. Most car dealers in our area have between 1 and 2 full time attorneys on retainer just to handle their consumer disputes. That's all they ever work on....

Rule #2 - Not all small business shop owners are honest, honorable and want to work things out... I've run into arrogant ignorant alcoholics (in the RV world..) who are stealing and lying and cheating customers to keep rent and payroll and alimony together... You may have someone in between those extremes.

Rule #3 - Small Claims Court isn't always a winner either... Judges here get tired and frustrated and have bad days, especially when paperwork isn't crystal clear, or facts have changed since initial "agreement"... You mihgt need to show photo's and have documentarty evidence of lost/damaged parts to try and establish the "value of work performed" v. the contract price for the total job, for the judge to determine the termination value of the contract...

Going with sheriff deputy often better than police (they are used to handling small claims court jobs including subpoena's and enforcing judgments..).

Good luck!
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Old 05-05-2007, 12:19 AM   #33
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Here is the waiver:

The shop wants me to sign this when I retrieve my trailer. Looks like they added a part about mot being able to sue about my lost or damaged parts. My gut tells me to go through and sign it, and get my possessions back. I will have the police there so the shop cannot say that i tried to steal or damage their stuff. I am concerned that if they still have my parts 12 feet above the floor like they have been for months that something could happen (Falls, strains, injuries), and we would be out of luck.


What does everyone else think?


1. PURCHASER/S to be known as "Steve Burrows", HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the contractor for the purpose herein referred to as "Bryan Potter and/or Bazaar Frenzy, LLC," it's directors, officers, agents and employees, all for the purpose herein referred to as "Releasees," FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR RELATED TO THE PROPERTY to be known as "Airstream Trailer" and/or the work performed and further agrees no additional monies or future performance is expected of the contractor.
2. PURCHASER/S HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS Bryan Potter and/or Bazaar Frenzy, LLC and the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur and any other cost arising out of or related to the Airstream Trailer once possession is transferred to the PURCHASER at purchaser's request.
3. PURCHASER/S HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS Bryan Potter and/or Bazaar Frenzy, LLC and the Releasees and each of them FROM ANY INJURIES, LOSS, LIABILITY, DAMAGE, OR COST they may incur during the removal of the Airstream Trailer from the property belonging to the contractor.
4. PURCHASER/S HEREBY ASSUMES RISK AND AGREES LIABILITY FOR ANY INJURIES TO HIMSELF OR PARTIES ASSISTING during the removal of the Airstream Trailer from the property belonging to the contractor will solely be PURCHASER'S reponsibilty including any related cost incurred medical or otherwise.
5. PURCHASER AGREES should any items or property belonging to Bryan Potter and/or Bazaar Frenzy, LLC become lost, stolen, or damaged by PURCHASER or PARTIES ASSISTING PURCHASER during the removal of the Airstream Trailer it is solely the PURCHASERS responsibilty to reimburst the contractor for such lost, stolen, or damaged property.
6. In addition, contractor agrees PURCHASER has no further monetary payments due to contractor for work previously performed and will allow PURCHASER access to contractor's property for the purpose of removing the Airstream Trailer and all of it's parts on May 5, 2007.
BAZAAR FRENZY, LLC REPRESENTATIVE
__________________________________________________ _____________
PURCHASER __________________________________________________ __
DATE______________________________________________ _
TRANSFER DATE _____________________________
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Old 05-05-2007, 12:52 AM   #34
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It sounds to your disagreable ornery garage fellow guy consulted a lawyer and this is what was suggested. (Sometimes given time, people do come to their senses, and it sounds like he has.) I've signed similar agreements. My guess is they just want to minimize the drama and get out of the situation as gracefully as possible. Unless you have a lot of time and energy to go after them -- which you don't, and you already said the lawyers you talked to don't want to get involved -- this is a good peaceable resolution. You get your trailer back. You don't owe them any money, and best of all, you never ever have to deal with them again in your life. Sounds good to me.

I also think it's smart thinking on your part to have the police accompany you when you go to pick up the trailer. They are there to keep the situation under control.

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Old 05-05-2007, 01:08 AM   #35
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Leave it there until finished.

Hi, I would leave the trailer there until finished. Sounds cheap to me, for the new frame and floor replacement. Like he said, "He under bid this job." Toooooooooooo Bad. Pay the rest when he is finished and take your trailer home. You don't have to pay the rest until the job is done and you are able to pick it up. More than likely he would rather have all that space your trailer is takeing up for some other jobs, so he would want to finish the job and get paid for it. [I would let it sit there for years and bother him, not me] He cannot charge for storage before the job is finished. Now after the job is done and paid for, [and the trailer is in your possession] then sue him. And let him know that if any of the work he has done is illeagle or unsafe BBB and DMV will visit him. [Liability law suit] Also tell him that if the millitary sends you overseas for two years, he is stuck with storing your trailer, for free, until you come back. This is my opinion; Turn the tables back on him and make him eat that contract.
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Old 05-05-2007, 01:18 AM   #36
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Quote:
Originally Posted by soldiermedic
The shop wants me to sign this....What does everyone else think?

looks reasonable.

i'd take a duputy from the local/county sheriff's office.

also take a video camera and a person to film the entire removal.

this will document any damages to your unit and his equipment...

pre-existing or that occurs while loading...

cheers
2air'

even IF you cannont get a lawman on the scene, a camera can keep both sides calm....
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Old 05-05-2007, 01:30 AM   #37
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2Air,

Do you think he needs to do all that? He's just going to use it as scrap metal. It's not worth hardly anything at this point. I think this is just a way for both parties to part with dignity.

M.W.
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Old 05-05-2007, 01:50 AM   #38
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2Air,Do you think he needs to do all that? He's just going to use it as scrap metal. It's not worth hardly anything at this point. I think this is just a way for both parties to part with dignity.M.W.
''

yes, i would do exactly those things, and have.

without a lawman on site....

words will be spoken, and responses will be tested, and it could be ugly...

at best!

video makes a huge difference. when one party claims damages and wants money.

steve wants to retrieve his legal property and NOT run up a bill doing so...

i've seen judges and arbitrators make decisions heavly based on pictures from the scene...

cheers
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Old 05-05-2007, 08:17 AM   #39
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I have spoken with that townships police and only need to call them before I go there. I want them there so the shop cannot say that we stole something or broke something of theirs. I feel that with the police there we will be able to go in and retrieve property without verbal harassment. I do not feel that with police present, we will need a camera. Should I tell the shop that the police are coming?

The trailer is going to be sold to someone. Both the PO of my new unit and David Winick have expressed interest in it for a project, so getting it quickly, and with as little additional stress on me is always good.

I am pretty concerned with the parts being on 10 foot shelves above the floor since someone could fall and get hurt.
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Old 05-05-2007, 08:36 AM   #40
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Don't show your hand!

When you get there if you see your parts talk to the cop and see if he can say that you want those.

Don't get your blood pressure up,
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Old 05-05-2007, 10:40 AM   #41
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Quote:
Originally Posted by soldiermedic
I have spoken with that townships police and only need to call them before I go there. I want them there so the shop cannot say that we stole something or broke something of theirs. I feel that with the police there we will be able to go in and retrieve property without verbal harassment. I do not feel that with police present, we will need a camera. Should I tell the shop that the police are coming?

The trailer is going to be sold to someone. Both the PO of my new unit and David Winick have expressed interest in it for a project, so getting it quickly, and with as little additional stress on me is always good.

I am pretty concerned with the parts being on 10 foot shelves above the floor since someone could fall and get hurt.
Yes, I would tell them the police are coming. Tell them you are pleased the matter is finally going to be resolved and the police are there to watch and make sure things go smoothly and protect both parties. You are not there for confrontation or intimidation. You are there to settle business in a gentlemanly fashion and preferably with a handshake. Also tell them that you do look forward to getting back everything that you left with them.

If you tell them the police are going to be present, it may discourage any funny business or additional missing parts. If possible, I would put this in a letter or email or possibly have someone else call on your behalf.

You haven't paid them anything, right?

M.W.
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Old 05-05-2007, 11:17 AM   #42
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(continued...)

If you have already given them more money than you feel comfortable with, you might try pushing to get some of it back. For example, you could say, Okay, I'll accept your contract and remove my trailer and NOT pursue legal actions, IF you refund me xxx amount of money.

Ultimately, you need to do what you feel comfortable with. Personally, I hate it when people try to screw me. Mostly I hate the risidual anger that sits in my gut for sometimes years afterwards. I start conjuring up revenge fantasies and that cuts into my free time as well.

Sometimes we have to decide how much energy to give a situation. Would you rather be stewing over this nincumpoop or spending time with your wife in your new trailer?

Good luck with all this,

M.W.
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