Stolen 89+ mk3 supra need advice on legal matters

chuckmuska2005

New Member
Dec 3, 2007
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canton
My brother had his supra "stolen" from a shop where the car was getting a headgasket redone at. Here's the story:

In summer of 2008 in july, I had a friend's dad who had done work to my other supra take on the task of taking care of my brother's bhg on the 7m-gte. My brother needed the car done cuz it was his daily driver at the time and wanted a shop to take care of it. He charged over 400 upfront and I got a receipt. The car sat for a month before he even touched it. called and said that the motor was shot from all the coolant in the crankcase. So that tells me that he obviously didnt drain the oil and sludge out of the bottom end. We asked him to have the car towed back and nothing happened. He said that he didnt have the money to do that and we asked about the 400+ that we paid and we were basically told that he couldn't help like, really? $400+ just to give me a phone call and say the motor is shot. any way the days passed and I ended up going up there to get parts off the car to sell to pay for the tow as he set the car outside the bay doors but still on his lot. a few weeks go by and my brother and I call him to get the car towed and he tells us that he didn't have it but was completely oblivious as to how it left the shop. we told him "well we didn't get it cuz you have to be there for us to take it off your lot." Then he said that it must have been stolen and he had called the police. nothing was making any sense. My brother called the sheriff's office to report the car stolen and checked everywhere else for the police report that this guy claimed he placed and found nothing. We believe that he towed the vehicle out and scrapped it which still gets me really upset because the car was so clean.

We've received our annual call back from the sheriff's office and they have not found it. We've waited for close to three years for the car to turn up in hopes that we were wrong but now want to pursue this legally. I took pictures of the car while it was at the shop for parts we wanted to sell and my brother still has the title to the car. Looking for advice on legal options.
 
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Supracentral

Active Member
Mar 30, 2005
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I doubt you have much of a case. You waited too long, the trail is cold and there's no evidence other than your word against his. There's a reasonable amount of doubt as to what happened - I suspect you wouldn't get anywhere with any sort of legal action.
 

Dunckel

Active Member
Jan 16, 2007
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Spokane, WA
There are two totally separate cases going on here. First is the stolen auto, which is a criminal case with no suspect info. So that is pretty much a dead issue until it is found. Second, is the civil matter you have with the car shop. I'm not sure which Canton you are in, but I'm going to guess Ohio. The statute of limitations for written contracts in Ohio is 15 years, and verbal contracts are 6. I hope you still have the receipt.

Mike has a point though. Even though the statute of limitations hasn't expired, a judge might wonder why you waited so long. If I were in your shoes, I'd probably cut my losses. But that's just me.
 

chuckmuska2005

New Member
Dec 3, 2007
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canton
Strong and valid points, we were hoping the car would turn up giving the mechanic the benefit of a doubt but felt like the guy just had the car towed and scrapped. We still have the police report and records plus the receipt; and yes Canton, Ohio.
 

87mk111

Metal Head
Sep 29, 2009
481
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akron/canton, ohio
what shop was it in canton? i would like to know so i dont ever take any of my cars there. by the way, i beleive i saw your mk3 last summer on the raod a few times.
 

Cz.

CAR > FAMILY
Mar 31, 2005
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Seattle, WA
I don't know how much the car was worth, but your best bet is to probably file a small claims court case and go from there. A lawyer isn't going to help you because there probably isn't much you can sue for besides the value of the car itself.
 

Supracentral

Active Member
Mar 30, 2005
10,542
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Another thing you can do is go right to the shop and protest out front with a sign. You have to be careful, stick to 100% factual statements. Check on your local laws to be sure you aren't violating any.

You'd be amazed how much lost business someone can do out in front of a business with sign with simple facts on it.

BE ADVISED:

I left my car in the care of this shop.

It was stolen and the shop will take no responsibility.​



might be enough. I wouldn't take my car to a shop with someone out in front of it with that sign...
 

Dunckel

Active Member
Jan 16, 2007
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Spokane, WA
Good idea, Mike. 1 negative comment will affect his business more than 100 positive ones will. As far as the laws go, just don't block the driveway to his business or the sidewalk. As long as traffic is clear to enter and leave his property, and pedestrians aren't impeded walking along the sidewalk, you're good. It's your Constituional right to freedom of speech. :)