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Old 09-27-2014, 01:00 AM   #1
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stolen parts

So guys I finished what I could on my build in February this year. In march I took it to rwr in Denver to do some button up stuff thinking I was deploying in march so I just let them finish the car since they had started on it while I waited to deploy. Well I found out last Thursday the original owner and his investor had some falling outs and resulted in the original owner being fired and investor closed shop up for good few days later. My car was pretty much done like 98% they were only suppose to wire up pumps, gages, rerun fuel lines, tune the car and inspect over the overall car. They said the last time I talked to them that they suspected the valves were tapping and that was it. Went and got the car last Friday and get there and the car is missing over $6000 worth of stuff, blower timing cover, valve cover, various other items. I can't report the car stolen and recovered through the insurance company since I found the car. Can't report stolen property to them either until I have a lawsuit or police report. Police wont file a report or arrest the only guy with keys to the shop for theft who is supposed to meet the remaining customers to get there stuff. He wont answer or return calls and lies to you. Was supposed to meet me last week but said he left right before I got there and I was there 5minutes before he supposedly left caught him in a lie from a shop owner in the office next to the shop saying he hadn't seen him in weeks let alone that time frame of the day. So heres my dilemma what should I do? I don't think a lawsuit will work since both owners are trying to sue each other for the loss of several hundred thousands of dollars.
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Old 09-27-2014, 04:45 AM   #2
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Documentation is your friend. Did you take pictures before dropping it off or have any receipts for the parts on the vehicle. A similar incident happened to my dad's '72 442 and he ended up being SOL. Hopefully you can talk to the police and show them all your documents and any agreements between you.


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Old 09-27-2014, 08:50 AM   #3
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I can't report the car stolen and recovered through the insurance company since I found the car. Can't report stolen property to them either until I have a lawsuit or police report. Police wont file a report or arrest the only guy with keys to the shop for theft who is supposed to meet the remaining customers to get there stuff.
I do not understand your issue you state. If you have items missing, and the place you dropped off the car to was a legit company, then you do not file against one person, you file against the company.

If the car was left in the hands of the company to perform repairs, and you showed up at siad business and the car was not in the condition it was in when you dropped it off, then once again you file a complaint against the company.

Just because a company closes their doors to any further business does not mean there is not a company remaining. Apparently based on what you said there is an investor that closed the door. So be it, the company still is an active company license to operate by state law until the company is dissolved by the licensing dept of the state. So there is ppl still responsible for said company.

Now, the issue you are going to have is that the burden of proof falls on you concerning what was stolen or is missing. The parts may just be in the building in a dialogged orientation from business doing repairs at time of closing. Or they may actually be missing. It is hard to tell either.

But you are the person responsible to file a report with the police department. The PD will file a report upon your request, regardless of where it goes legally from there. But that is a start of legal process. And the more time goes by without you filing is going to work against you. So if it were me, I would go file now.

Insurance companies are the thieves of all thieves when it comes to filing a claim and expecting the ins company to do there part and cover said claim. But. if the ins company does go forward, they are going to contact the company, not a person. Once again it comes down to you having proof of those items ever existed in the first place.
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Old 09-27-2014, 08:58 AM   #4
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Where were you having the work done? Is it a reputable company or just some random joe's shop. The police aren't going to do anything for you, you would most likely have to sue the company or business owner.
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Old 09-27-2014, 09:17 AM   #5
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I am not talking about the police doing anything for him, but if he requests a police report based on his allegations, they will do that. That police report is very important when it comes to matters of this nature. The PD does not have to follow up or investigate the situation, just have them do a report of your claim. Then get a copy of the report and use it as a tool with the ins co, or lawyer, or small claims.
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Old 09-27-2014, 10:56 AM   #6
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If you have comprehensive insurance coverage, contact your insurance company and explain to them what happened. If they want you to get a police report, just go to the police station that is closest to this "shop" and file the report yourself.
If you do NOT have "full coverage insurance, gather up every single scrap of documentation that you have (Estimate, work order, etc) and go to the courthouse in the county where this occurred and file a small claims case against the owners of this shop for the fair market value of the missing parts.
Don't drag your feet on this! The longer that you wait, the more difficult that it will be to receive your parts back or to get compensated for the lost parts.

What a pain in the ***!
Sorry this happened to you...
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Old 09-27-2014, 11:25 AM   #7
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I think this is going to be a slow, drawn out, painful process. Expect the worst, hope for better. This is just plain wrong.


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Old 09-27-2014, 02:59 PM   #8
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Where were you having the work done? Is it a reputable company or just some random joe's shop. The police aren't going to do anything for you, you would most likely have to sue the company or business owner.
They were one of the bigger name Mustang shops in Colorado.

OP after hearing their name tossed around by a lot of local guys I'll admit I'm quite surprised that this is happening to you. Good luck getting your stuff back and definitely keep us updated
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Old 09-27-2014, 05:09 PM   #9
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Go to the town or county offices and find out how the business was registered.
If it was a sole proprietorship you *might* be able to attach the owner's personal assets.
I am not a lawyer but I do know that much having had to do a similar thing to a builder.
It was a long process but we settled out of court.
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Old 09-27-2014, 06:19 PM   #10
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yeah I was going to say to put a commercial lean against them.
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Old 09-27-2014, 06:40 PM   #11
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I'm not a lawyer either, but I believe secured creditors are taken care of first and if anything is left it goes to unsecured creditors. Not sure where customers fit it.


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Old 09-27-2014, 08:48 PM   #12
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They local pd has a case on my issue. I was supposedly told today I could meet the guy Monday to get the parts.
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Old 09-27-2014, 10:07 PM   #13
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They local pd has a case on my issue. I was supposedly told today I could meet the guy Monday to get the parts.

Make sure you get everything and there is no damage, although you don't need us to tell you that. Hopefully everything that was missing is easy enough to tell it is alright without actually trying to use it first. That will take you a little time to find out.


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