Date:         Thu, 16 Nov 2000 10:49:34 -0500
Reply-To:     Sam Walters <slwalters@EARTHLINK.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Sam Walters <slwalters@EARTHLINK.NET>
Subject:      Re: Stolen Bus Alert -- Mechanic's Lien
Content-Type: text/plain; charset=us-ascii

This is not my area of the law, and I am in Maryland not Canada, but
many basic provisions of the law in the U.S., Great Britain, and Canada
are very similar.

There is a concept of a mechanic's lien where workmen like auto
mechanics have some right to an auto or boat that they have performed
work on.  They have contributed to its current value.  As you can well
imagine, this women is not the first person to drive off in a car, horse
drawn carriage, or the like, having made partial or no payment, and made
a promise to pay the balance, and then defaulted.  So the law generally
has some protection for this.  It still can be troublesome to implement
it and get some $$$, but for the value of an engine, it seems worth it.
The owner of the vehicle may not be as low on the ethics scale as the
woman who came to the shop.

I am not sure if any written paper has to be filed with something like
the Motor Vehicle Administration (that is what it is called in
Maryland), but it can't hurt to inquire.  If there is such a procedure,
even if it is optional, James should do it because this may prevent the
owner from selling the vehicle.  There might be a small claims court
that handles claims under some figure, say $10,000, or maybe $5,000,
that has somewhat streamlined procedures so it doesn't take so long as
the regular courts.  The court personnel in these types of courts often
are helpful, but not necessarily so.

If a person who is in the auto repair business doesn't already know the
answers to these issues for the area where he or she lives, they should
check around with other small business people until they get the name of
a lawyer that mainly serves small businesses and has several happy
clients and has a reputation for reasonable fees for basic legal
advice.  Go to this person, not just to solve the one problem, but to be
knowledgeable about how to deal with future problems and to learn how to
take some precautions.  Get copies of the appropriate forms for liens
and the like in your area and be prepared.  In the long run, the lawyers
fee may seem like a very small investment.

Even if the lawyer charges $225/hr., if he or she is very knowledgeable
about commercial transactions, a 2 hour session may tell you all you
need to know absent a major crisis, leave you armed with some forms, and
cost $450.  How many times does an auto mechanic tell us we need to
spend more than that to keep our car running?  It is frequent.  What we
mind is when they tell us to spend that much or more and don't know
about cleaning the AFM or checking the Temp II sensor or the like.
That's why you check around with other small business people first.

I am in a hurry to get back to a project with a deadline that is hanging
over my head like a bus with a dead engine so this is not as organized
as I would like and I didn't have time to look up anything - not that I
would easily find resources for Canada - but on the net who knows.

But it is a few thoughts that might be helpful.  Maybe too many words,
but no time to edit it down.

Go for it James.

Sam Walters
84 Vanagon 163 k, orig owner