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What to do???

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Old Feb 21, 2008 | 07:06 PM
  #1  
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Default What to do???

Lets say someone dropped their tins off for custom paint. The painter said he could have them ready in 3 or 4 weeks (by New Years). You paid 50% up front. New Years comes and goes and there is little progress. You keep getting told it will be ready next week. You hear this story week after week.

Three months goes by and you plan on leaving for Daytona soon, but still no paint. The tins are sanded down and have base on them and partial graphics, but the is little to no progress. You try to be patient with the guy because a pissed off painter is not a good painter.

Your tempted to say the hell with it, go pick them up and let someone else finish them. Problem is, you have a lot of bucks already paid, and he sure doesn't want to let the stuff out the door without the rest of his cash.

Trying to be diplomatic isn't working. The guy knows about the Daytona trip and swears it will be ready. But we keep hearing that.

What are you gonna do? Take some of your buddies and go get the paint and hopefully there isn't a shoot out? Blow off your long planned trip and let him finish?

 
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Old Feb 21, 2008 | 07:13 PM
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Default RE: What to do???

#1 thing to never do in customizing is pay anything up front. Pay only after completion, and if he demanded the 50% up front that should have been your first red flag. 3 months is FAR, FAR too long for paint. If he owns a business with a storefront or shop, you start by calling the local city. Bring a police officer with you to his shop saying you want an officer there to confirm that he has your parts. I'd also start looking for another, more reputable shop that will do work, and then collect what they are due
 
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Old Feb 21, 2008 | 07:19 PM
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Default RE: What to do???

...and file on his a$$ in small-claims court.
 
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Old Feb 21, 2008 | 07:33 PM
  #4  
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Default RE: What to do???

Well it's easy for me to say what I'd do since I'm not stuck in that boat. Because what I'd say and what I'd do would be the difference between jail or no jail.

But, I'd write something up like an acknowledgement that he signs stating when the tins will be ready to go on the bike (not just painted, cuz that don't mean it can go on the bike - gotta cure/dry). And, if he defaults that he'd pay the costs of you having to rent a bike of your choice.

Psychologically no doubt he's acting like a stand-up kinda guy. Therefore, psychologically, if he's a man of his word he should have no reason not to sign the paper.

If he baulks, then you know without a doubt, and without him stringing you along any further, that you're not gonna get your job done in time.

I'd also make sure I was able to advertise in any way I could (Craigslist, newspaper, poker runs, local biker mags/papers) that he's not to be trusted.

Now, that's what I say standing from afar. What I'd do most likely would involve certain Marine recon techniques in the cover of night . . .
 
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Old Feb 21, 2008 | 07:51 PM
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Default RE: What to do???

I have seen, heard, and experienced this one too many times. Document every converstation,telephone call, e-mail and visit that you can, now, while the information is fresh in your mind and while you can get phone records. Put it all in a notebook along with your receipt or cancelled check copy. Go to the painter and show it all to him. Tell him to start fulfilling his commitments and then set (another) reasonable deadline. If progress is not satisfactory, take back your parts and filesuit inSmall Claims Court a claim to get back money paid for obligations unfulfilled. The limits run up to $5,000 in some areas. There are county websites and legal aid societies in most areas which can tell you how to go about doing this. File a complaint with your local Better Business Bureau. Post a copy of any judgement awarded against this scumbag online, on Biker bulletin boards in your area, etc. Make his ways known to his potential customers. Caveat Emptor!!!
 
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Old Feb 21, 2008 | 08:02 PM
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Default RE: What to do???

Give him an ultimatum, have my parts done or face a date in small claims court. Hopefully you have a receipt. If you get your stuff done properly then let loose on the guy and make sure we all know whohe is.
 
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Old Feb 21, 2008 | 08:58 PM
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Default RE: What to do???

ORIGINAL: Chicago Spike
Bring a police officer with you to his shop saying you want an officer there to confirm that he has your parts.

Don't bother with the police. It's a civil issue (i.e. business deal gone bad) and the police only handle criminal matters. Only legal action you can take is small claims court.
 
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Old Feb 21, 2008 | 09:04 PM
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Default RE: What to do???

Just got back. I must say it could have gone better. It was suppose to ready for pickup today, again. He never answered the phone.Everything was sanded down again because the painted fogged due to high humidy. He showed me what was happening and I saw it. Its doing it even with all the lights'heater on and it was still fogging.(it has been 95% lately).

I was calm, and asked if I needed to take them somewhere else to have them finished. He blew a gasket and told me to get my Sh*t and get out of his shop. There was about to be a fight.

I calmly told him that I have been very patient and forgiving, deadline after deadline. Then I asked what would he do if he was in my shoes. After a minute of silence, he apologized and said he probably would not have been as calm as me. He calmed down and started acting more inline.

He then asked if I would please give him the weekend to finish it up as he did not want his reputation tarnished over this, or I could take it. He rather have people know it took a long time but the work was excellent than for folks to know I had to repo an incomplete job.

I left the stuff there with him knowing I'm coming by Monday morning and picking it up, regardless. So lets see what happens.

The weather is suppose to break so hopefully it goes his way. My freaking shop floor has been soaked almost every day this week!!
 
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Old Feb 21, 2008 | 09:13 PM
  #9  
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Default RE: What to do???

ORIGINAL: maxum96
Don't bother with the police. It's a civil issue (i.e. business deal gone bad) and the police only handle criminal matters. Only legal action you can take is small claims court.
Yes, this is true, but I have had the sheriffs department go to an ex employees home with me so I could collect all the company tools, books, uniforms and such. He refused to deliver it and told me I had to come get it. Called the Sheriff's department, ask them to be present and make a showing only.

Hesat in front of the house and never got out of the car. There was absolutely no trouble and the ex-employee's attitude mellowed out in a hurry. Tried to tip the officer and he denied it and went on his way. Said he would rather do it the way we did it than to haul us both to jail or to the hospital if we did it the other way. He had a point.
 
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Old Feb 21, 2008 | 09:17 PM
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Default RE: What to do???

rev-
man, that sucks. Sounds like you were fairly gracious to the guy. I'm sure you know that there is a slim chance that things will be done before Monday..I'd be looking for another paint guy between now and then so you have a backup plan. Worst you will have lost if he has it done is a few hours of your time. Be sure to post his name and business name for all to see if this does not turn out favorably for you. Good luck.
 
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