I was involved in an accident in October. I knew an acquaintance who does auto body work as a side job, and fixed minor body work for my vehicle in the past. He signed a written agreement saying he would finish repairs, and do a paint job by October 31.He was going to charge me $3500.00 ($1500 deposit then $2000 when the vehicle was fixed).
For the past two months, he has not completed the work. He claims he has fixed the auto work and painted the vehicle, but he refuses to show any pictures of the work. He also will not tell me where my vehicle is.I have been texting him and phoning him nearly every day for the past month. He still refuses to let me see the vehicle or let me know what shop the work is being done.
I finally had enough, after yet another excuse, and not letting me pick up my vehicle (I offered to pay him if the vehicle was done, or even if it was not complete). He refused to give the location of the vehicle, and refused to let me pick up the vehicle.I phoned the Police, and reported my vehicle stolen. .The Police called me on the weekend, and actually located the vehicle and mechanic. Officer talked to us both (myself by phone and mechanic at the storage lot), and advised me to try to "work it out with the friend" . He added that if he continues to withhold your vehicle, call him back.
Of course, the mechanic now has the attitude "screw you, you will get it when I finish it," after initially smoothing things over. So I called the Police again to state that he still is withholding my vehicle from me in a locked storage lot. The attitude of the Police is "well if you can find a way to get your vehicle, you are entitled to it, but it sounds like a civil case, and you may want to go to civil court to get your vehicle back."
I received legal advice from two lawyers, and they informed me that this technically could be considered a criminal act under Sec 330 (1) . However, in situations like this, they added that the Police tend to drag their feet when it comes to disputes about borrowing vehicles to friends/family or even if a friend promises to get work done on the vehicle, even though the owner clearly demands the vehicle back, and has proof of ownership License, registration, contract with mechanic, etc).
I am willing to accept the loss of my $1500 deposit, but I desperately need my vehicle for work and other things. I am pretty much desperate at this point. I have saved all the texts, messages and interactions we have communicated. If there is any way you could bring attention to this, I would greatly appreciate it. I never want anyone to go through what I have in the past 3 months. My research also indicates that there are countless others who have had to endure the same dilemma over the years.