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Just thought I would let you all know what is goin


wheel366
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This has evolved into the wierdest scenario I have ever heard.

Show up with a car trailer, 5+ friends, several trucks, tow straps/chains and weapons. If there are any cars in the way, just drag them clear. Put the Pathy on the trailer. Leave. If he has an issue with this, just ignore him and go about your business. Let HIM call the cops this time and try to explain it to them. If he tries to stop you, mob his ass !!

I'm at a loss that you haven't gotten it yet. Just go get your truck...

 

B

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None of my friends are willing to go on his property. I tried that route already. He has till the end of the week to return all non-functioning vehicle's to their owners.

 

Here is the letter that he was sent from the zoning officer:

 

Dear Mr. Green,

 

It has come to my attention that you are in violation of the Codes of the Borough of Rockaway.

 

You are currently operating a vehicle repair business in a residential zone which is not permitted. In addition, there are several inoperable vehicles throughout the property which is also prohibited.

 

I will expect all vehicles to be returned to their owners and for you to cease repairing vehicles within ten (10) days of receipt of this letter. Otherwise I will have no alternative but to take further enforcement actions.

 

If you have any questions you may contact me directly. My office hours are Tuesday and Thursday between 9:30am and 11:30am.

 

Thank you in advance for your anticipated cooperation.

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  • 2 weeks later...

Oh Oh... Latest drama! My father went down to see the zoning officer yesterday. David Green (the mechanic) went to see her and begged and pleaded for more time so he could finish everything. She gave him another 2 weeks. He said that he would get all cars back to their owners except mine since it was involved in a lawsuit. She told him that he has to prove that it was involved. We told her that we knew of no lawsuit and that he is still taking in new cars. She didn't say anything about that.

 

So today, I get a letter in the mail. He is taking me to court for not paying him. This is going to be good. Why should I pay him if he still has my truck and won't give me a bill? I called him, asked him for a bill in September. He told me that it would be done in a few days. When I called back asking for the bill, he wouldn't return my calls. My lawyer is going to have a field day.

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I don't know what to tell you Wheel. I mean youve gone to a lawyer, the police have been involved....what else can you do? I mean you can bust a few cars with a sledge hammer, maybe make some cocktails and throw them at his house, etc etc. But this counter claim he wants to take to court is totally retarded. I mean, he has your car for more than a couple of months, you pay him to do a service, he doesn't keep his promises, what else can you throw at him at court. Just don't pay him a single dime for it.

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If he's running an illegal shop, what right does he have to try and hold your truck for non-payment for a technically illegal operation. Is this guy under the table (non-payment of taxes)? Sorry, too lazy to go back over the many posts and read. If so, easy-squeezy. Inform him the truck will be delivered at X time or you'll be contacting the IRS (and state bodies as well, if applicable). Either way, do it anyways when all is done. Man, if he's under the table, the government loves those types.

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B, you crack me up.

 

Yes he is under the table and illegal. He was demanding cash the last time. I'm not letting him know about the IRS yet. I'm saving that for the end. My counter claim is going to include insurance for the past 10 months, plus previous insurance which is another 9 months, plus court costs, lawyer fees, flat tire on my Audi (I had to drive it since I didn't have my truck), busted front bumper on my Audi (again, I had to drive it in snow since I didn't have my truck). I am also presenting receipts of my purchasing parts to prove the time frame and going to bring a copy of the answering machine messages that he left me and the letter from the zoning department on his running of an illegal business. On top of that, I am going to provide pictures of cars with license plates that we has/is working on, and in the pictures I made sure my car can be seen so there is no question as to where I took these pictures!

 

He is suing me for $900 plus 21 court filing cost. Let me give you a little info incase I neglected previously. He wanted $1150 for the whole job. Since the engine is running as bad or worse than when I brought it to him, I told him that I will not pay for any of the engine work since I now has to take it somewhere else. He agreed, reluctantly, but said that I owe him for the other work plus past labor.

 

The other work included replacing 1 rear axle seal and changing ALL the fluids. I paid for the fluids, he just changed them. Now, the past work is supposedly from last year which I didn't know I owed him anything for nor did he say I owed him anything. So, I can't see how a job that was $1150 including engine work is now $900 exluding engine work when engine work was 90% of the job. Make sense? He is trying to get the most money for the least effort. Not on my watch nor in my wallet. I am going to go to the local STS and ask them how much replacing a rear axle seal costs and how much changing the fluids costs. Then subtract the overhead of owning a business since he has NO overhead. If he is allowed to bring up PAST LABOR, then I am going to bring up PAST INSURANCE and the fact that he put 1000 miles on my truck.

 

My counter claim is probably going to be in the 5000 range once you add up insurance, lawyer bills, etc... I want to see him sweat. Plus if we go the Consumer fraud act route, then I am entitled up to 3X's the damages.

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And here i thought going to court over a house I was selling was Drama....Holy S*** Dude!

 

Man i hope your layer buries him......word to the wise...don't do anything to compromise the lawsuit....don't talk to him orhave any contact with him at all.....Anything you say or do can be used against you. I found this out and thats how I was forced to sell my last house for $400,000 not the $485,000 it was worth....

 

Good luck man....Kick His A&^...in court that is...Then after court is over....give us all a call and we'll take care of him!

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  • 3 weeks later...

Well today was the day. We went to court today. First we went to arbitration, which we argued the whole time. I was offering $200 and he wanted no less than $400. So, we sat around for our hearing.

 

To make a long story short. Both cases were dismissed. His claim and my counter claim, however the judge tore him a new assh0le. He said that it is completely unreasonable to keep someones car for 11 months, etc... The judge has awarded me my car back without having to pay a cent and he also told the guy that if there is any damage what so ever, he personally will prosecute him to the fullest extend of the law.

 

He has 1 week to get the car back to me. Now, it's off to another shop! I was gonna try and get it today, but by the time I got home, flushed the engine in my S4 and changed the oil, it was time for me to leave. So, somehow I have to try and get it either tomorrow or Saturday.

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The judge has awarded me my car back without having to pay a cent and he also told the guy that if there is any damage what so ever, he personally will prosecute him to the fullest extend of the law.

 

:clap:

 

Thats about as good as it gets, eh ? :D Congrats on winning, and Gomer getting a nice public spanking... You should be on the road in time for the foul weather ! :D

 

B

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I'm gonna go over there and TRY to get it tomorrow. I will probably call the police to come just in case he tries to start anything or says that I tried something. I don't have time in my life fot that poopoo. Hopefully, I will be able to have it towed to the new shop on Monday. Once all this engine work is all squared away, I can start some more projects, like new CATS, body lift, bigger tires, new stereo, ECU, etc... most likely in that order too. YAY!

 

Also, once I get it back I'll be able to smoke cigars again while driving. I don't smoke in the Audi. My S4 is over 5 years old and still smells new!

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I put up some pics on my car domain page that I took today. I know everybody said that there was less room for the oil filter after the headers are installed, but it looks like there is more room now.

 

I also have some pics of the front and rear lift. Whatcha think?

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  • 1 month later...

Well, after ripping the whole engine apart it's been decided that I need a new one. They tore it down the to crank and one of the journals is worn and the main bearings are destroyed.

 

So, next week they are ordering a factory rebuilt long block with a 3 year warranty. Looks like I have a lot of parts on hand. Re-conditioned rods, rings, two new heads, etc... As for my cams, they are going to ask the engine manufacturer if the cams will void the warranty. If not, they are going to get it in writing. I was advised to break it in for a couple thousand miles then put the cams in. New engine is $2500, plus $1500 for the labor to put it in and to diagnose what the problem was with the current engine and $500 miscellaneous parts.

 

Thank god I have been saving. I have to use part of the money I was saving to pay off my Audi with. Oh well. They told me that it should only take a week, but no longer than two to make sure everything is working. They are starting it right after New Years.

 

I guess I will have to wait a while now before I get the Calmini steering upgrade, body lift, new cats and ECU. :oops:

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