ATTN: Joe Dono AKA SCP_Celica SCAMMER
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Been lurking here and most of what can/should be done have been addressed. My sympathies to the shop owners and their families.
Unfortunately the law is not black and white. JD does have FL’s Motor Vehicle Act on his side. Without going too deeply into it, it would appear that it can go either way. Just did a quick westlaw search.
While quantum meruit as a common law principle still exists, FL courts have held that in certain situations it would not circumvent “a motor vehicle repair shop to ignore the statutory requirements of providing a written estimate or obtaining a written waiver.” Osteen v. Morris 481 So.2d 1287, 1290 (Fla.App. 5 Dist.,1986) [referring to FL’s Motor Vehicle Act].
There is also the possibility that the finance company may choose to file bond to secure the release of the vehicle. Then they may file a claim against the bond for the repairs and storage charges on the vehicle. 1616 Sunrise Motors, Inc. v. A-Leet Leasing of Florida 547 So.2d 267 (Fla.App. 4 Dist.,1989). In this case you’d be going up against the finance company’s lawyers (bad news). But more than likely you’d be able to settle without litigation.
Aaron, have you contacted an attorney? Someone familiar with this area of law who may provide a better insight into your situation. There is also the strong possibility that you may not be able to collect on the judgment should you win your case. These are all things to consider in what approach you should take.
Unfortunately the law is not black and white. JD does have FL’s Motor Vehicle Act on his side. Without going too deeply into it, it would appear that it can go either way. Just did a quick westlaw search.
While quantum meruit as a common law principle still exists, FL courts have held that in certain situations it would not circumvent “a motor vehicle repair shop to ignore the statutory requirements of providing a written estimate or obtaining a written waiver.” Osteen v. Morris 481 So.2d 1287, 1290 (Fla.App. 5 Dist.,1986) [referring to FL’s Motor Vehicle Act].
There is also the possibility that the finance company may choose to file bond to secure the release of the vehicle. Then they may file a claim against the bond for the repairs and storage charges on the vehicle. 1616 Sunrise Motors, Inc. v. A-Leet Leasing of Florida 547 So.2d 267 (Fla.App. 4 Dist.,1989). In this case you’d be going up against the finance company’s lawyers (bad news). But more than likely you’d be able to settle without litigation.
Aaron, have you contacted an attorney? Someone familiar with this area of law who may provide a better insight into your situation. There is also the strong possibility that you may not be able to collect on the judgment should you win your case. These are all things to consider in what approach you should take.
Last edited by BeardedPirate; 08-13-2008 at 01:22 PM.
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the whole situation is so screwed up. This went from a shop doing some work and not getting paid to financial situation. I personally think we need to get together and send whatever we can to help these guys out
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Wow... Picked this up on Jalopnik this morning, 84 pages and one wasted afternoon later, here I am. Best of luck to the Japworks guys, I sent a few bucks your way and have submitted the thread to Fark to get a bit more exposure.
- R
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...TR's resident Racist..
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ZOMFG what should we do???
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A clever person solves problems but a Wise person avoids them... A.Einstein
A clever person solves problems but a Wise person avoids them... A.Einstein
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"Political correctness is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end."
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-R. J. Wiedemann Lt Col. USMC Ret.
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ive got a fender roller and a heat gun... you wanna suport us. come get your fenders rolled, 40 a corner... group rates too. i also do exhaust work, i can do at the house, ive got 3 and 4 " mandrel bends in stock. full mandrel exhausts starting at 350
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Branden Berger
352-789-0006
86.5 toyota supra- 1jz never to be finished
01 mitsu eclipse v6 5mt chick car daily
98 honda accord ex- h22 swapped daily driver
Branden Berger
352-789-0006
86.5 toyota supra- 1jz never to be finished
01 mitsu eclipse v6 5mt chick car daily
98 honda accord ex- h22 swapped daily driver
back from the dead.....
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Are you advertising your own business in this thread, or are you answering someones post that I did not see........
either way.... its inappropriate....
