Stolen Motorcycle Advice

[shelaby]

UPDATE:
Cops found bike abandoned in woods and called this shop to come tow it, this was on 7/15. I noticed it had gone missing (I live in a large apartment complex and the bike was stowed in the back of parking lot away from where I park so as to not take a useful spot) on 7/23 and stolen vehicle report was filed. Apparently the cops sent a letter to my address (which the DMV has wrong for some unknown reason) and the tow shop sent 2 certified letters to that same address. Obviously I never recieved them and therefore the shop/cops did nothing with the bike. Fast forward a month, and the shop now wants to get rid of the bike, so they start paperwork to set up an auction and run the title again, this time it pops up and the cops notify me that the bike is at this shop. Under CT law, the vehicle owner (me) is responsible for all tow/storage charges, even though it was stolen (which still doesn't make sense to me) and next time I go to register any vehicle I would owe this money before I'd be able to register.

So the tow shop owner (who was much nicer than his minion i ran into this morning) was able to work with me and I got my bike back for 100$, and wrote me a receipt for that tow charge that AAA should reimburse





Hey guys, needs some advice from you.

A month ago my 1977 Yamaha DT250 disappeared and I reported it stolen with local police. I get a call from them last friday saying my bike has been sitting at a local auto body shop for about a month. The shop wanted to report it abandoned and had to report it to police who ran the plate and saw it was mine. Now the shop has a 1400$ bill for holding onto my bike for the last month, but they are willing to let me take it back no questions asked for 250$ ( im not even sure the bike is worth that much...) They claim to have sent a letter to my residence, but the DMV provided them with an incorrect address (yea right...)
So the way I see it these are my options (and please let me know if there are others)
1. Suck it up and pay 250$ to get the bike back
2. Let them keep the thing, and get them to write up a bill of sale. Id sell the thing for the 1400$ owed and its out of my hair
3. Try to talk them down on the 250, if they dont budge, take them to small claims court for conversion. Bike went missing a month ago, its been on their lot for a month, they have not tried to contact me (im calling BS on the DMV giving an incorrect address) and I have the police reports showing when it was reported stolen and when the shop finally decided to report it.
4. Profit???

Honestly, I didnt ride it alot, but its a sentimental thing because I bought it for 100$ on CL and fixed the thing up and got it running a few years ago(wanted to learn about motors and shit)

Let me hear your advice

Thanks guys

TL;DR
Bike stolen 1 month ago, sitting on autobody lot for 1 month, bill for 1400$ but willing to let me walk for 250$, shady business practice?

EDIT: forgot to mention, this bike has not been registered/had insurance since 12/2011

 

[Rastus]

Sue them in small claims court for the value of the bike. Then settle with them for that amount of cash and they get to keep the bike.

 

[MagnusTheBrewer]

They cannot hold your bike hostage. Go get it and let them take you to small claims court. If they don't let you have it, call the police.

 

[shelaby]

The only hitch I can see is this: I was told of the bike by the police last friday. So that means I should only be liablle for storage of the bike for Friday, Sat, Sun, and Monday. Now i dont know what their storage rate is, but if its around 50$/day I'd possibly be on the hook for 200$

Does that make any sense?

 

[Lizardman]

Dude, stand up for your rights. They stole your bike. Go take it back and if they don't hand it over call the cops on the spot.

 

[MagnusTheBrewer]

The only hitch I can see is this: I was told of the bike by the police last friday. So that means I should only be liablle for storage of the bike for Friday, Sat, Sun, and Monday. Now i dont know what their storage rate is, but if its around 50$/day I'd possibly be on the hook for 200$

Does that make any sense?

They have to state their storage fees, they don't get to make them up as they go along. You will owe storage for those days but, you won't owe $200. You own the bike. It was not abandoned, it was stolen. What did the police have to say about how the shop acquired the bike? The have to have made an inquiry because of the stolen property paperwork you filed. They cannot just wash their hands of the case and say, "we found your bike, case closed."

 

[Lifted]

So let me get this straight. They claim the bike was abandoned on their lot a month ago but never called the police until a few days ago? Now you want the bike back and they want to charge you for storage, which means they acknowledge they had possession of the bike, and are trying to profit off of that possession of a stolen bike.

Call them back, record the conversation (or do it in person), take the bike, and tell them to take you to court and let a judge figure it out. Sounds to me that they are setting themselves up for criminal charges.

 

[shelaby]

They have to state their storage fees, they don't get to make them up as they go along. You will owe storage for those days but, you won't owe $200. You own the bike. It was not abandoned, it was stolen. What did the police have to say about how the shop acquired the bike? The have to have made an inquiry because of the stolen property paperwork you filed. They cannot just wash their hands of the case and say, "we found your bike, case closed."

Yea, cops said nothing about the ironic timing

 

[shelaby]

So let me get this straight. They claim the bike was abandoned on their lot a month ago but never called the police until a few days ago? Now you want the bike back and they want to charge you for storage, which means they acknowledge they had possession of the bike, and are trying to profit off of that possession of a stolen bike.

Call them back, record the conversation (or do it in person), take the bike, and tell them to take you to court and let a judge figure it out. Sounds to me that they are setting themselves up for criminal charges.

any android programs to record phone calls?

 

[MagnusTheBrewer]

Yea, cops said nothing about the ironic timing

Did you ask for the police report?

 

[shelaby]

Did you ask for the police report?

I have copies of the stolen vehicle report, one from july 23 (when i reported it stolen) and one from 8/22 when it was reported abandoned by the shop

 

[grohl]

Something tells me you're going to get that bike back for less than $250. Be firm but persistent. Offer cash, $125 or so.

 

[OVerLoRDI]

Don't pay. Not your fault it was stolen and abandoned there. If they refuse to release it file charges.

 

[shelaby]

Don't pay. Not your fault it was stolen and abandoned there. If they refuse to release it file charges.

That looks like where this is headed. I am going to call them again tomorrow and see how it goes

 

[Rastus]

So let me get this straight. They claim the bike was abandoned on their lot a month ago but never called the police until a few days ago? Now you want the bike back and they want to charge you for storage, which means they acknowledge they had possession of the bike, and are trying to profit off of that possession of a stolen bike.

Call them back, record the conversation (or do it in person), take the bike, and tell them to take you to court and let a judge figure it out. Sounds to me that they are setting themselves up for criminal charges.

Don't take the bike or pay them anything. That will only show that you agree to their terms and you will lose the case. Just file a small claim against them for the bike. Talking to them at all is a mistake now.

 

[MagnusTheBrewer]

I have copies of the stolen vehicle report, one from july 23 (when i reported it stolen) and one from 8/22 when it was reported abandoned by the shop

So you don't have a copy of the final police report regarding the stolen vehicle report when they learned it was at the shop. There may be a report and there may not be a report. By requesting it, you are forcing the police to do their job and also making your life easier when dealing with the legalities. The police cannot close the case without a final report unless they want to end up dealing with all kinds of nasty litigation of the kind most lawyers love.

 

[DeathRows]

Sounds to me this is not the first time they pull this. Does google turn up anything about this company?

Sent from my SCH-I535 using Tapatalk 2

 

[GasX]

Threaten them charged with possession of stolen property and then politely tell them to fuck themselves and give you your bike back.

 

[shelaby]

So you don't have a copy of the final police report regarding the stolen vehicle report when they learned it was at the shop. There may be a report and there may not be a report. By requesting it, you are forcing the police to do their job and also making your life easier when dealing with the legalities. The police cannot close the case without a final report unless they want to end up dealing with all kinds of nasty litigation of the kind most lawyers love.

So call up the station and request a copy of the final report?

 

[Lifted]

Don't take the bike or pay them anything. That will only show that you agree to their terms and you will lose the case. Just file a small claim against them for the bike. Talking to them at all is a mistake now.

What terms?

If somebody steals your car and leaves it in my driveway, then I tell you that you must pay me $50 for every day it's been there, are you saying by driving it away you agree to those terms? You'd laugh your ass off and drive away in your car.

 

[MagnusTheBrewer]

So call up the station and request a copy of the final report?

YES!

 

[shelaby]

YES!

Ill stop by the station tomorrow morning, pretty sure the officer that filed the abandoned vehicle report works 6-2

 

[Greenman]

The shop has received stolen property, that's a crime. Press charges.

 

[shelaby]

Sounds to me this is not the first time they pull this. Does google turn up anything about this company?

Sent from my SCH-I535 using Tapatalk 2

Nothing much, a few google reviews from a year or so ago, but nothing else

 

[chusteczka]

Can they provide evidence documenting how your motorcycle came into their possession?

If not, I wonder if you can file charges against them for theft.
If yes, then let the police track it down.