Mechanic buddy refuses to return my vehicle. How do I get my vehicle back?

[AlbertaCowboy]

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.

[Darell_n]

Do you know where it is now? Unlock the storage lot and take it.

[ExtraSlow]

Yeah I'd undertake a "peaceful repossession" and steal it back. Ideally in daylight.

Or, do you know where his father lives?

[AlbertaCowboy]

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Do you know where it is now? Unlock the storage lot and take it.

yes

[JfuckinC]

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I know exactly where it is. The problem is that it is a guarded storage unit, so I need a card to activate the gate to enter. The manager was sympathetic, but he indicated that he would need Police to either show up or phone him to allow me inside. The Police informed me that if I could gain access to the compound, I was legally entitled to take my vehicle and drive it out, and there would be nothing the individual could do to prevent it.

The problem is, the Police have said to me it is a "civil manner." I contacted two lawyers in regards to this, and they indicated it is without question a criminal matter - auto theft by the legal definition, and I should be entitled to my vehicle. However, one of the lawyers I spoke to said this is a common occurrence, when people lend out their vehicles to family, friends, or people who do work on their cars- Police don't want to get involved, and tell people to go to civil court (which could take months).

One would think the Police would uphold the laws. I thought that was in their job duties.

Rent a small unit in the same for one month place go get the car?

[Darell_n]

A court is there to decide what is true in a conflict between two parties, not the police. They just enforce what they witness first hand or what the courts tell them to. Cops are definitely going to nope out of any he said / she said scenario. (thankfully)

[littledan]

I recommend you go back in time and use a proper shop to complete the repairs.

[dj_rice]

Whats the car in question is what I wanna do

[haggis88]

Get a case of beer for buddies neighbour and ride shotgun as they go in to the compound

[mr2mike]

How much more damage to the vehicle if it goes through a locked gate?

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I recommend you go back in time and use a proper shop to complete the repairs.

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Whats the car in question is what I wanna know

What if it's a DeLorean with a Flux Capacitor?

[Thaco]

the police obviously have to have some record in way of a case number based on your report and given that they located buddy and the car, they should be able to provide you a copy of the report, take that to the storage lot owner and tell him that's as good or better than the police just telling him to let you take it since it's documented

[Team_Mclaren]

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Rent a small unit in the same for one month place go get the car?

This, sounds pretty simple. Otherwise report it stolen with your insurance. They'll deal with it

[AlbertaCowboy]

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A court is there to decide what is true in a conflict between two parties, not the police. They just enforce what they witness first hand or what the courts tell them to. Cops are definitely going to nope out of any he said / she said scenario. (thankfully)

If a person loans a vehicle out to a friend or family member, then wants the person to return it, under Canadian law, the car is to be returned to it's legal owner. Technically, the person who borrowed the car can't just say "I'm keeping it! If you want it back, you have to go to civil court, and win a judgement!"

That is simply not how the law works. I mean why do we pay taxes if the Police are not going to enforce the law when we need them to?

Unfortunately, the $1500 deposit is what I will have to recover in civil court.

[arcticcat522]

Message the guy on here, what's his name? Gzooga or gargonzola or something.....he'll get you sorted out

[AlbertaCowboy]

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the police obviously have to have some record in way of a case number based on your report and given that they located buddy and the car, they should be able to provide you a copy of the report, take that to the storage lot owner and tell him that's as good or better than the police just telling him to let you take it since it's documented

That is a great idea. Thanks so much. I will ask for the disclosure from the Police tomorrow.

[killramos]

I have a stinky feeling we are not getting the full story here.

I am guessing there is some level of you haven't paid these people some money they feel they are owed and you don't feel they are owed hence the police noping out of the situation and telling you to get a judge to deal with it.

What is the current status of your police report? Closed?

[VTEXTC]

Given the totality of the matter, this is undeniably a civil dispute. Given the circumstances it would be difficult to prove intent or men's rea of the acquaintance/buddy/friend/mechanic guy. You even have a "contract" of sorts which outlines the terms of the agreement, so it can be implied that your acquaintance has "colour of right" to the vehicle.

Call your insurance company to see if they can offer any guidance. Also seek some advice from one of a number of civil enforcement agencies to see if they can assist: https://www.alberta.ca/office-of-she...il-enforcement

Good luck!

[AlbertaCowboy]

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Given the totality of the matter, this is undeniably a civil dispute. Given the circumstances it would be difficult to prove intent or men's rea of the acquaintance/buddy/friend/mechanic guy. You even have a "contract" of sorts which outlines the terms of the agreement, so it can be implied that your acquaintance has "colour of right" to the vehicle.

Call your insurance company to see if they can offer any guidance. Also seek some advice from one of a number of civil enforcement agencies to see if they can assist: https://www.alberta.ca/office-of-she...il-enforcement

Good luck!

How is this any different that say a Boyd Auto Body, that would give one an exact date where they would release one's vehicle? I mean if the customer pays for the service, they can't just say "we will fix it when we have time" and leave it at their shop for weeks on end. The problem is that I put down the $1500 deposit, and have repeatedly indicated to this individual that I can pay him the $2000 when he was finished, as we agreed the work would be done on October 31 (I have a copy of what is to be done and his signature indicating the completed date would be no later than 10/31/2023.

It makes zero sense that someone can just keep a vehicle, the deposit, not perform the job, and laugh about it, while the person who paid for the work done has to spend months and countless hours navigating the civil court system to have their vehicle returned to them.

[JfuckinC]

Ya rent unit, get car back, shit on buddies front step, Burn out on his lawn.

[VTEXTC]

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How is this any different that say a Boyd Auto Body, that would give one an exact date where they would release one's vehicle? I mean if the customer pays for the service, they can't just say "we will fix it when we have time" and leave it at their shop for weeks on end. The problem is that I put down the $1500 deposit, and have repeatedly indicated to this individual that I can pay him the $2000 when he was finished, as we agreed the work would be done on October 31 (I have a copy of what is to be done and his signature indicating the completed date would be no later than 10/31/2023.

It makes zero sense that someone can just keep a vehicle, the deposit, not perform the job, and laugh about it, while the person who paid for the work done has to spend months and countless hours navigating the civil court system to have their vehicle returned to them.

Don't disagree. It's not necessarily fair what you are having to endure, but it doesn't necessarily meet the criminal element either.