Anybody know a Magistrate or Sheriff

V'NOLAN

Member
Anybody knows a Magistrate or Sheriff or anyone that could assist with a civil matter as the cops have turned me away?

I took in the e36 to sort out the bumper and some other stuff to a private panel beater than Ive been working with for some time. We had a gentleman's agreement and I paid him the money. Now he does not want to release the car unless i pay him additional funds over and above what we agreed upon.

The windscreen also got cracked whilst at his premises so i told him we can offset the the extra money he wants with that damage and he does not want to budge and is holding my car at ransom.

:cry:
 

JayDrft

Member
How much more does he want out of you, and for what exactly.

If he carried the work out correctly, I think its only fair to pay...and avoid a whole bunch of frustration.

Small claims court wont even be able to help as the value would exceed the limit...so that wont help, a criminal charge of theft is the next thing that applies...however you have been turned away by the police.

Im not one for paying people for nothing, so i dont urge you to just pay...but rather understand exactly what you were charged for, and demand it in black and white.

Conclude what you may from the written work, and compare what was done on the car...request all the old parts.

I wouldnt know what else to advise you - as it tips on the scale of going Ape-Shite....which is not always sensible.

Hope you get it sorted.
 

sash

///Member
did he misquote and has proof of the cost?

I would be willing to be for the material needed to finish the job and maybe a little if there was unforeseen labour but within reason.

If it was 3k to paint 2 panels and the guy says its now an extra 8k then no way.
 

V'NOLAN

Member
no proof, claims it was more labour than he thought it would be. Doesn't justify a 200% increase.

Going to try my luck at the randburg civil court now to see if i can get a letter of demand to hand over the vehicle and he must sue me for the outstanding amount. Hopefully there is not a long queue and it works in my favor
 

V'NOLAN

Member
what a wasted trip. went to the civil office of the court an they wont allow me to do anything.

I need to get an attorney to submit a letter of demand and if not responded to in 10 days then we need to go to court and request a letter from the court thereafter if he does not respond they will get a sheriff

If he responds with an attorney then its lawyers fees vs the 8k owing


:YesNo: :smashScreen: :cry:
 

andre320D

New member
If no agreement on paper then it is your word vs his. Even with an attorney you will have difficulty securing your vehicle without payment because he has the upper hand in that the requested work is completed. Good luck bud
 

335i MTX

Member
Issuing a summons out of the small claims court may be cheapest option however I don't know how quickly small claim court stag work. Small claims court can't insist you send a lawyers letter first. If you have the money, rather pay him but hand him a letter recording payment made in protest and get him to stamp and sign your copy. This way you get your car back sooner and still have option to sue him later. Make sure that you don't sign a receipt or invoice that may state something which records that you have inspected the goods and satisfied with the repair. If the invoice has those words, scratch them out and write in the words paid in protest and initial it. Get your car to another panel shop to inspect the work done and whether they would be prepared to advise you what the fair and reasonable cost of repairs ought to have been. Their yore would help to quantify your claim when claiming back the amount paid in protest.
 

KarshS

///Member
I have been in this situation bud. Not a nice one. The cops did not help me as well.

I would really way up the options. My advice, pay the money to get your car back asap and see what you can do afterwards.

Due to my car being sent to an unknown location i eventually paid the money but when i got my car back it was in a mess.

best of luck, hope you get the cab back.
 
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