Can I Get A New Snowmobile Out of This?
Q. About 2 and a half years ago, I (a small engine mechanic) was asked to find out why a snowmobile wouldn't run and to give an estimate of what it would take to fix it to running condition. After having done so, the owner of the snowmobile said he would get back to me. After 2.5 years and many phone calls (with MANY excuses) I still have the snowmobile and no payment for the work I performed. Do I legally own the snowmobile after all this time? Should I take him to small claims court to either get payment or the title to the snowmobile?
A. The short answer is, "No, you don't own the snowmobile, and yes, you should take him to small claims court." I could just leave it at that, but I figure you want a little more, so here's the explanation:
You state that you were originally asked to give an estimate as to what it would take to get the snowmobile running again. I'm guessing that you figured out what it was and then went ahead and fixed it. I'll also assume that you had authority from the owner to do the work, because if you didn't, my answers will change. After all, you can't go ahead and do work and charge someone for it if they didn't want it to begin with. But, assuming you had an agreement to do the work and to be paid for it, you can collect from your customer. Your local courthouse should be able to give you details about bringing your claim.
As to "owning" the snowmobile, the law doesn't work that way for personal property like this. You have what we lawyers like to call a "bailment." You are holding property for the true owner. Generally, you have to take care of it for a reasonable time and can't simply throw it away. In fact, most states have specific
statutes designed to deal with bailments and, depending on your state, it is possible (although unlikely) that, after two-and-one-half years, you may be able to assert some ownership rights. In addition, you can most likely assert a "mechanic's lien" on the snowmobile for at least the cost of the repairs and, in most cases, you are not obligated to release the snowmobile until your bill is paid.
Now, check this out. Here is how you may be able to assert an ownership interest in the snowmobile. I'm assuming you own a shop, and that you've stored the snowmobile for all this time. I'm betting you have a storage policy, right? $10 a day to store, or something like that? There's your answer. You could send a friendly reminder to the snowmobile owner (certified mail, to prove delivery), reminding him of your bill and your storage policy. State that you will have to file suit if he doesn't pay up. Then, if he doesn't pay, after you file suit in small claims court, and the judge gets involved, you could suggest that you'll take the snowmobile instead of any money for the repairs and storage charges that have accumulated. I wouldn't try this tactic on your own, without the judge being involved, but it certainly presents a possible resolution that may be workable for everyone.
Good luck.
A. The short answer is, "No, you don't own the snowmobile, and yes, you should take him to small claims court." I could just leave it at that, but I figure you want a little more, so here's the explanation:
You state that you were originally asked to give an estimate as to what it would take to get the snowmobile running again. I'm guessing that you figured out what it was and then went ahead and fixed it. I'll also assume that you had authority from the owner to do the work, because if you didn't, my answers will change. After all, you can't go ahead and do work and charge someone for it if they didn't want it to begin with. But, assuming you had an agreement to do the work and to be paid for it, you can collect from your customer. Your local courthouse should be able to give you details about bringing your claim.
As to "owning" the snowmobile, the law doesn't work that way for personal property like this. You have what we lawyers like to call a "bailment." You are holding property for the true owner. Generally, you have to take care of it for a reasonable time and can't simply throw it away. In fact, most states have specific
statutes designed to deal with bailments and, depending on your state, it is possible (although unlikely) that, after two-and-one-half years, you may be able to assert some ownership rights. In addition, you can most likely assert a "mechanic's lien" on the snowmobile for at least the cost of the repairs and, in most cases, you are not obligated to release the snowmobile until your bill is paid.
Now, check this out. Here is how you may be able to assert an ownership interest in the snowmobile. I'm assuming you own a shop, and that you've stored the snowmobile for all this time. I'm betting you have a storage policy, right? $10 a day to store, or something like that? There's your answer. You could send a friendly reminder to the snowmobile owner (certified mail, to prove delivery), reminding him of your bill and your storage policy. State that you will have to file suit if he doesn't pay up. Then, if he doesn't pay, after you file suit in small claims court, and the judge gets involved, you could suggest that you'll take the snowmobile instead of any money for the repairs and storage charges that have accumulated. I wouldn't try this tactic on your own, without the judge being involved, but it certainly presents a possible resolution that may be workable for everyone.
Good luck.
posted by David Kendall at
3:49 PM
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