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I purchased a 69 fastback and have the title to it but part of the purchase was for the car to be restored. I was stupid and paid the whole amount and now they have no incentive to finish the car in a timely manner. He said it should take approx 4 months but it has been 9 months and they are supposedly about to paint it which has been supposedly happening for the past three months. I live 5hrs away so I cannot just stop in to check on it. Just curious if anyone else has had any dealings with any individuals in the Gainesville, FL area that has had similar issues. The person I have been communicating with, and I use that term loosely, is Jay Garnett. I’m beginning to think I have been scammed and they have no intentions of finishing the car.
 

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Where did you find them? I feel like I’ve seen similar listings on eBay?


Sent from my iPhone using Tapatalk
 

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Google? Better Business Bureau? Gainesville or surrounding area business license holder? Pictures of progress? Paid with credit card or service to dispute charges? LLLLLLLawyer ?...
Unfortunately sounds all too familiar, both in that people are often taken advantage of when they are far removed from supervising others ' work, and that restoration work of any kind always takes longer than originally planned especially when an individual or shop is working on more than one project and those are often quick-turn deer wrecks and the like. Sorry, and I hope it works out better than you could ever dream.
 

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Google? Better Business Bureau? Gainesville or surrounding area business license holder? Pictures of progress? Paid with credit card or service to dispute charges? LLLLLLLawyer ?...
Unfortunately sounds all too familiar, both in that people are often taken advantage of when they are far removed from supervising others ' work, and that restoration work of any kind always takes longer than originally planned especially when an individual or shop is working on more than one project and those are often quick-turn deer wrecks and the like. Sorry, and I hope it works out better than you could ever dream.
 

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Hey man....when you are replying to a message and quoting someone, make sure you type your message after [/Q U O T] otherwise it is hard to tell exactly what you have added to the conversation.
 

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I went through this once with a Bodyshop, the estimated time was 5-6 months. took 2 years, paid them early cuz he kept asking for money saying it was for materials. after the 2nd year, I gave him the ultimatum, finish by the end of the month or I take him to small claims and call B.A.R (bureau of automotive repair). he lost half of my parts, but he replaced them. The car didn't come out clean but I finally got it out of the shop after 2 years, but that was around 2010-12.

in 2016, I had to get the car repainted again from a fender bender and I had no paint code, so the painter couldn't match the paint, so I had to repaint the whole car again with actual paint code. This time I went to a reputable body shop, got the car done in 6 months, and paid him when it was completed. the car looks fantastic and still looks great under the sun!

if I were you, pick up the car as-is and take him to small claims.

BBB they are not really a legit company and really won't do anything but give them a bad rating. They may look like they work with the government but they are not part of anything and won't fine the shop or revoke licenses. So I recommend finding out what your state offers in protecting the consumer from fraud/scam from the business.

in California, you can create a claim with B.A.R and they can help. Home Page they cite, and fine shops in California, they can even audit them and shut down their shop.

also here is a list of Unlicensed Activity – Citations Issued 2020 in CA. Stay safe out there and stay informed!

 

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Discussion Starter #10
I went through this once with a Bodyshop, the estimated time was 5-6 months. took 2 years, paid them early cuz he kept asking for money saying it was for materials. after the 2nd year, I gave him the ultimatum, finish by the end of the month or I take him to small claims and call B.A.R (bureau of automotive repair). he lost half of my parts, but he replaced them. The car didn't come out clean but I finally got it out of the shop after 2 years, but that was around 2010-12.

in 2016, I had to get the ca
I went through this once with a Bodyshop, the estimated time was 5-6 months. took 2 years, paid them early cuz he kept asking for money saying it was for materials. after the 2nd year, I gave him the ultimatum, finish by the end of the month or I take him to small claims and call B.A.R (bureau of automotive repair). he lost half of my parts, but he replaced them. The car didn't come out clean but I finally got it out of the shop after 2 years, but that was around 2010-12.

in 2016, I had to get the car repainted again from a fender bender and I had no paint code, so the painter couldn't match the paint, so I had to repaint the whole car again with actual paint code. This time I went to a reputable body shop, got the car done in 6 months, and paid him when it was completed. the car looks fantastic and still looks great under the sun!

if I were you, pick up the car as-is and take him to small claims.

BBB won't do anything, they are not really a legit company and really won't doing anything but give them a bad rating. They may look like they work for the government but they are not part of anything and won't fine the shop or revoke licenses. So I recommend finding out what your state offers in protecting the consumer from fraud/scam from the business.

in California, you can create a claim with B.A.R and they can help. Home Page they cite, and fine shops in California, they can even audit them and shut down their shop.

also here is a list of Unlicensed Activity – Citations Issued 2020 in CA. Stay safe out there and stay informed!

r repainted again from a fender bender and I had no paint code, so the painter couldn't match the paint, so I had to repaint the whole car again with actual paint code. This time I went to a reputable body shop, got the car done in 6 months, and paid him when it was completed. the car looks fantastic and still looks great under the sun!

if I were you, pick up the car as-is and take him to small claims.

BBB won't do anything, they are not really a legit company and really won't doing anything but give them a bad rating. They may look like they work for the government but they are not part of anything and won't fine the shop or revoke licenses. So I recommend finding out what your state offers in protecting the consumer from fraud/scam from the business.

in California, you can create a claim with B.A.R and they can help. Home Page they cite, and fine shops in California, they can even audit them and shut down their shop.

also here is a list of Unlicensed Activity – Citations Issued 2020 in CA. Stay safe out there and stay informed!

I’m thinking about going to a lawyer and see what can be done here in Florida. JUST FYI he has a 70 fastback listed on EBAY right now. I would stay far away from this joker. Heretheycome-spinningoutoftheturn is his eBay ID so beware.
 

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I feel for you.

Life lesson learned, once payment is received all incentive to “get paid” vanishes,....,.
 

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I'm not a pessimist, but I am a realist.
Here are a few bottom lines. learned by personal experience, in FL, matter of fact.

1. BBB ... useless. Absolutely so useless that it should be banned as a scam (I have tried BBBs in several states...all the same). A business PAYS to belong, plus the BBB will NOT sanction any negative comments you make, because they "do not want to ruin a member's business just because someone calls up and complains." If they are not BBB members, then all that means is that they can't hang a BBB sign in their shop. Big F'en deal, not!

2. Small claims court in FL is like the BBB. They (the defendants) are under no obligation to even show up for a claims hearing, and if they do not show up, the case is dead. Both parties have to be present. Had this happen to me in Tampa.

3. LAWYER....Unless you have something in writing specifically stating that they will restore your car, hiring a lawyer will ONLY help you lose more money! The lawyers know there are no teeth in a verbal agreement, but they still will "write a letter" to the garage, contact the BBB, and file a small claims ...all things you can do yourself, AND WITH THE SAME RESULTS....nada.
There is no such thing as going down there and threatening to beat the s***t out of them. YOU will end up in jail, even if you make a veiled threat or anything that they might construe as a threat, or even see as harassment of a creditor.

Furthermore, the definition of "restore" is so subjective such that it is virtually meaningless. Throw a coat of paint on the car? Bare metal job? Rebuild EVERYTHING, including replacing all bolts? Rechrome everything?
Chances are that it is none of the above! Even with a written agreement stating that they will "restore" your car, the definition is so loose that it lacks any legal teeth.

I would be worried that they have taken parts from your car that you will never recover.
Best bet is to get the car back NOW.
I know that you know this in your bones, but still have hope...but restoration ain't gonna happen, or if it does, you will be very disappointed.
They have your money, so it's on to the next project that pays for them. Exceedingly few shops have that much integrity...exceedingly few, such that chances are virtually not even slim that they will even do a halfassed job.

I feel for you, man. I hope that you somehow get a resolution, despite my negative experiences.

If you are so lucky to enter into a reasonable discussion with the garage (or a judge), be clear on what you want from the garage.
For example, you want $xxxxx dollars reimbursed for the resto that was not done. Calculate this based on the average price for the car in its present condition. In court, you would have to present FACTS, not just your opinion. This takes doing your homework on relative costs for the area. You can't just throw out a number, but have to show that you know your facts. They can easily counter showing results from, for instance, Mecum auctions, where car prices can be ridiculously high... meaning that the money you gave for resto would be very low.

Overall advice, try to get ALL your money back, and walk away from the car. It is less messy, especially since all price determinations are subjective, depending on ones' opinions. Opinions, never facts.

I really sympathize with your case.
I wish you best of luck.

Did you give the name of the business? I just saw the Ebay name. Will recheck your message.
 

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The above Stinks, but it’s probably true.

Verbal agreements are tough.
 

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Baloo, it is obvious you are trying to be helpful. Unfortunately, some of your statements are just plain wrong. For example as far as Small Claims Court is concerned, if you have a process server effect service on the defendant with the claim and the Court issued summons, he risks the judge issuing a bench warrant for his arrest if he does not show up in court. I know of a guy who was arrested three times and hauled off to jail under bench warrants for failing to appear in court on civil matters. It gets real expensive when your car is impounded as part of your arrest and you have to explain to your boss why you didn't show up for work. Some folks are slow learners. If one is tenacious, the message will eventually get through.
 

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... as far as Small Claims Court is concerned, if you have a process server effect service on the defendant with the claim and the Court issued summons, he risks the judge issuing a bench warrant for his arrest if he does not show up in court.
Unfortunately, I have a personal case to support my statement. I took a person to Small Claims in Tampa, and twice (this dragged on for over 6 months to even get an appearance), the person failed to show and I was advised that unless that person showed, there could be no judgement.
Now, maybe there is a cutoff in claim size, as my claim was for $900. But I became even more disillusioned about the System supporting those who are bilked.

Your explanation sounds very learned, but mine is based purely from an experiential standpoint -- including my BBB claims.
BTW, I have another great example of the system failing the common citizen -- and that was where a person bought my house, stopped making payments on his mortgage for 22 months (!) and continued to live there (and I was advised to not even knock on his door for a face-to-face explanation -- "harrassment"). The man filed the paperwork for bankruptcy and whenever the case would be finally brought up, there would be a glitch in his paperwork (such as failing to sign one page, etc.) such that we would have to go back to START every time -- happened 4 times, until he finally moved out (not evicted).

I hired a lawyer in 3 claims cases -- and have spent probably on the order of $20K trying to "get justice".
These kinds of failures of the system, while easily explained by The Letter of The Law, point out the futility of a common man trying to get justice.
Hence my comment for our VMF member to go get the car and cut his losses. Otherwise he will be yet another one to see that a criminal can easily outlast a claim, as it requires no work to wait, while the plaintiff has to work and work and work around frustration after frustration to get attention, with the outcome never commensurate with the time and effort invested.


....Unfortunately, some of your statements are just plain wrong.
What other statements were wrong? I welcome the chance to provide additional personal experience with the legal system, as the book method does not reflect reality. This also would help guide "MyDream69" with some practical advice on how to proceed SUCCESSFULLY.

I'm sure many others on this forum would like to hear about an approach that would work -- without investing thousands of dollars in legal expenses that likely cannot be recouped from a small garage (or individual) which/who likely can declare insolvency or otherwise dodge any reimbursement.

Scamming and bilking is a common thread found on most car forums -- very common on the Porsche forum, where the claimant is typically gung-ho and full of anger and energy and vengence, but after a year of legal deadends, the case is quietly dropped and forgotten.

Comments?
 

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Both the procedures and the law are different in every state.
As a general rule - don't know about FL specifically - if a defendant in a civil case is properly served with the summons and fails to appear in court the plaintiff simply puts on his/her case without opposition and the judge grants a judgment for whatever amount of money is proven. Maybe the small claims procedure in FL is different. Also, again as a general rule, a defendant in a civil case cannot be put in jail for failing to appear. The exceptions are 1) child support, 2) contempt, and 3) not showing up for what are known as "post judgment proceedings" where the plaintiff gets to ask questions of the defendant about his/her income, assets, etc. in an effort to collect a judgment. But #3 is rare. #1 is not!
 

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I agree with @CJM68GT390, even if he doesn't appear in court, you should win by default but each state is different, but will you see payment? probably not... you can put liens on his house or garnish his wages, but nothing will happen from reading your 1st post it sounds like he's done this before and the money that is being transferred is going to someone else, maybe a wife or relative. Find out where the money is going to and put a lien on it.

but first, since you made the payment, rent a trunk and a flatbed and pick up the car if you really want it that bad. I wouldn't even call him at this point as he will avoid you at all costs. This is why buying cars on eBay is a high risk...it ruins the community and the person who is trying to buy it is left with nothing.

if it's too good to be true, it most likely is! Any large purchases going forward, make sure you have a written contract with estimated completion dates.
 

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I'm not the least bit surprised that Florida law lets you avoid taking responsibility by simply not showing up in court. I know that [email protected] doesn't work in Nebraska; if you're served and don't show up, you'll most likely have a default judgment because you have no defense. But FL law seems to make it a safe haven for crooks, liars, thieves, scammers, con artists, and all manner of criminals great and small.
 

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I'm not the least bit surprised that Florida law lets you avoid taking responsibility by simply not showing up in court. I know that [email protected] doesn't work in Nebraska; if you're served and don't show up, you'll most likely have a default judgment because you have no defense. But FL law seems to make it a safe haven for crooks, liars, thieves, scammers, con artists, and all manner of criminals great and small.
That's why OJ decided to move to Florida after he was ordered to pay those millions the Goldman/Brown families for wrongful death judgement against him.
 
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