What Would You Do?

Ok so I need legal help i know and also some good suggestions, here's the gist of the matter. I own a 1972 Datsun 510 2 door with a rotary swap. It only has 15-20 miles on the motor and the shell isn't bad. I sold it a few months back and then bought it back after regretting it (sold it to a neighbor) was selling it again but I have changed my mind again. So the issue is that I dropped off the car at a body and paint place LAST JULY!!! all the guy ever did was sand it down to bare metal from the doors back and then let it sit so rust could start setting in the metal. He gave me 5-6 different completion dates and I fronted him $1000 in good faith, and nothing happened like I said. So I picked up my car yesterday and took it to a real shop that will have it done in 6 months, it is costing me $4000 to have it prepped and painted AND to undo and repair all that first guy did. I've been assured they will leave the car looking better than when it came off the showroom floor, and this guy's reputation is outstanding in the industry so no complaints on the price with the new place. So I know that now I have to sue that first guy for the cost of having my car repaired from what he did and for the $1000 I gave him. I don't have a receipt for the $1k but I have several witnesses that will testify I gave him the cash and that he made a verbal conract with me for all the work on various occassions (i'm in California where verbal contracts are as good as paper ones if you have witnesses willing to testify under oath which I have). So my question is what would you guys do? and what else can I do to get back at him legally? I want to call inspectors on his shop for environmental violations, OSHA violations, Accounting issues, and for drug use and drug sales happening on the premises. What do you guys suggest?


Just in case you are in the L.A. area and there's some work you need done STAY AWAY FROM THIS PLACE!!!! the shop is in South El Monte and the name is: 
A S Auto Body Paint
9846 Garvey Ave
El Monte, CA 91733

That sucks bro..
 
Ive always had a place in my heart for the 510 also..
 
Id contact a good attourney. A lot of times with a simple law firm letterhead the scammer will refund your money and make steps to correcting the issue..
 
Regardless you are not in the wrong so I forsee you getting your cash back or the issue resolved..
 
Ive seen similar stuff occur on cars setting awaiting motor work, shadey shit went down, and the shop ended up paying for it..

California has the BAR association...very powerful tool.  Give them a ring and they can set things straight.

[QUOTE=johnee;63862]What does this have to do with VSC???This should be in the off topic section..[/QUOTE]

[b]VIPStyleCars General Feel free to talk about anything and everything in this board that doesn't have a home VIP Style related[/b]

that's the title of the section I posted in and that you're reading.....

thanks Colt45!  and speed addict you have any info on how to contact BAR?

one thousand dollars, in all honesty, isn't worth getting an attorney involved.  take it to small claims court.  for the lawyer fees that would be involved, it will likely cost you more than one thousand dollars (i.e. you'll spend more than you're trying to get).  also, the sum is small enough to handle in small claims court.

get your story together.
get your witnesses to have their statement notarized.
file a claim in small claims court.

as far as drug use and drug selling, that's a police issue.  thus you'd need to call the police (not 911, but the office number of the police in el monte).

accounting issues would be the better business bureau, and chamber of commerce - if el monte has a chamber of commerce.

environmental issues i think would be the enviornmental protection agency (epa) and/or police.

osha violations would be cal osha.

[QUOTE=SikNLow;63857]I want to call inspectors on his shop for environmental violations, OSHA violations, Accounting issues, and for [B]drug use and drug sales happening on the premises[/B]. What do you guys suggest?
[/QUOTE]

U should get your money...small claims court....but I dont see why u would want to get into the rest of this stuff.....that could really turn into a big mess....if u do I hope the shop owner and his homies don't know where u live.

[QUOTE=DEE;63872]U should get your money...small claims court....but I dont see why u would want to get into the rest of this stuff.....that could really turn into a big mess....if u do I hope the shop owner and his homies don't know where u live.[/QUOTE]

He knows where I live since his old business partner is my neighbor, but the fact of the matter is only a fool with no regards for himself or loved ones would try some type of violence towards me or my family...... believe that. Besdies once I file for the suit, that's when the rest goes down that way the date will show a date previous to any incident that may occur which will turn the matter into a criminal suit as well!

I hate to say it, but without receipts or e-mail documentation,
you're probably best off chalking this one up to experience
and moving on.

If you get a lawyer involved, the body shop may say "well, we 
did $1000 worth of work to the car, so we're even-Steven."

Just hope they don't try to pull anything about "storage fees..."

[QUOTE=SoCalSC4;63888]I hate to say it, but without receipts or e-mail documentation,
you're probably best off chalking this one up to experience
and moving on.

If you get a lawyer involved, the body shop may say "well, we 
did $1000 worth of work to the car, so we're even-Steven."

Just hope they don't try to pull anything about "storage fees..."[/QUOTE]

Like I said, California law honors verbal contracts as much as paper contracts as long as there are witnesses of the contract taking place. There are, at least 8 that I can think of for now, that alone affirms the fact that I have already won, storage fees cannot be charged when the shop is to directly the cause for the storage happening in the first place, they were dragging the job out and not working on the vehicle because any monies paid for the services thus far had been spent on other things that did not involve the vehicle so there was no funds left for materials and or man hours to get paid. and the job they did is no where near the $1000 dollar mark plus the $1000 dollars needed to repair all that was done incorrectly and the rust being removed due to the fact that they sanded to bare metal and let it sit like that without at least applying primer.

Try resolving it with the first shop. If that doesn't work then go to the BAR but paperwork would be good. If you were being hooked up at the first shop, then probably put the reg. paid customers first before you.

Are the witnesses your friends or relatives? iF so they arent considered witenesess..A witness has to be someone with no relations to both parties and has no interest in the suite.
 
As far as getting a lawyer ..trash that fool its not worth it..Go to small claims court..
 
California laws on verbal are also for the birds..verbal hradle every flys in court these days.IT will come down to the judge and what you want..
 
Look he did work so you cant really sue him for all your money..I have suied before and learned that if you are going to sue,,dont sue for the whole amount +$$ because now you have to do this and that....The judges dont like to see that..they see it as gread...So sue for like $600 plus court fees..you will have a much better chance on getting your money...
 
Good Luck !
 
Oh and dont bring up the drug stuff..Don't be a tattel tale just handle your business professional and show them how a real VIP modder handles there business:thumbsup:

I'm in the same situation as you. I left my car at a shop for 4 months with a 800 deposit and all I got in return was Shi!tty sanded car with several oil leaks from sitting.  I actually have a piece of paper where the guy signed his name and wrote that I put a 500 deposit but I don't have anything on paper for the other 300.  Sorry if I'm hijacking your thread but does anyone know if I would have a valid case? I have pictures of my car sitting at the shop the day I dropped it off and how badly the car looked sitting at the shop the day I picked it up.