Tragic loss last night
#91
Bear in mind if you do go after the guy, that even if you do get a judgment against him for the value of your bike, enforcing it could still be problematic, that is if Canadian law is anything like U.S. law. If I remember correctly, here, if you prevail and are awarded a judgment, you are provided a fieri facias or Fi Fa. (pronounced Fie Faye) which is the legal vehicle for facilitating/enforcing/implementing the judgment. You file said Fi Fa. against whatever assets the guy has and when he goes to sell that property, he is forced to pay you off in order to provide clear title. Of course, if that person has no assets or declares bankruptcy then you are SOL, and only your attorney got paid. This is an over simplification but is the basic concept. You might check with your attorney first to see if that's a reasonable scenario where you are. If you've got a friend in real estate, or if you've got the time, you might go to your local courthouse and do a property records search on the guy and you might then have a better idea of if he's got anything worth going after. This is a rather cold-hearted approach to the matter though and you've said the guy is a friend. Sorry man, as the saying goes, "The path to hell was paved with good intentions." Your friend sounds like a good guy, just maybe not terribly responsible as a business person.
A lesson here for all of us. If you're dropping your bike off to your favorite local indy who operates out of a barn, whatever, you might ask to see the deck sheet on his property/liability insurance and check the dates and insurance coverage amounts.
A lesson here for all of us. If you're dropping your bike off to your favorite local indy who operates out of a barn, whatever, you might ask to see the deck sheet on his property/liability insurance and check the dates and insurance coverage amounts.
#92
Join Date: Jul 2009
Location: Danville Va, Providence NC
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I have had a judgement against a couple for damaging my rental property for a couple of years now. I have not gotten a cent, and will probably never recover anything. I wonder if judgements go against the credit rating?
#93
If the shop has the garage keepers coverage yoiu won't need a lawyer you just deal with his insurance carrier and you need thi coverage as just him having general liability won't cover this loss bbecause of the care custody controll exclusion excludes and coverage for property of others in your possesion at the time of loss. This is what I do in the States, commercial insurance broker.
#94
That's the problem with these type of judgments: if they don't sell the property you've attached the judgment to for 20 years, you don't get a cent unless and until they try to do something with that property. Though a refinance would probably do it.
#95
Unfortunately
Unfortunately, I have seen too many small shops that don't have enough insurance to cover theirs and their customers losses. Good luck, this is a real bummer.
#96
sorry to hear this. i lost my road king last summer. i bought it back and am rebuilding it but the process is slow. so many decisions to make. while the pay pal acct is a great idea, you're gonna need parts. lots of people have take offs and just extra stuff. if you were building a bagger, i could hook you up with a bunch of stuff. if your bike is rebuildable, post up a parts list. if you have to start over, post up a build plan. you might be surprised what people have they would part with for a good reason. good luck to you.
#97
yeah GG thats the problem here the lawyer explained it all to me on the phone even if ii do sue the guy, since he has no form of insurance i am not even garunteed seeign a return and i would still have to pay wjhatever lega lexpenses are incurred in going after the guy, on top of losign a good friend who has helped me on many occasions i could be out thousands in legal fees and still be no further ahead in respect to havign a replacment bike.
the worst of this is the engine is all aluminum and from the pics i have seen of the fire it got hot enough to pooch the engine and i cant just sleap a new enigne in it because in 1969 bikes where titled to thier engines not there frames,
the worst of this is the engine is all aluminum and from the pics i have seen of the fire it got hot enough to pooch the engine and i cant just sleap a new enigne in it because in 1969 bikes where titled to thier engines not there frames,
Last edited by NSCoyote; 05-04-2010 at 11:12 AM.
#98
Join Date: Nov 2009
Location: MD just outside DC
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yeah GG thats the problem here the lawyer explained it all to me on the phone even if ii do sue the guy, since he has no form of insurance i am not even garunteed seeign a return and i would still have to pay wjhatever lega lexpenses are incurred in going after the guy, on top of losign a good friend who has helped me on many occasions i could be out thousands in legal fees and still be no further ahead in respect to havign a replacment bike.
the worst of this is the engine is all aluminum and from the pics i have seen of the fire it got hot enough to pooch the engine and i cant just sleap a new enigne in it because in 1969 bikes where titled to thier engines not there frames,
the worst of this is the engine is all aluminum and from the pics i have seen of the fire it got hot enough to pooch the engine and i cant just sleap a new enigne in it because in 1969 bikes where titled to thier engines not there frames,
I would talk to him.. She what he can do. maybe he can at least help you rebuild your bike and get cheap parts or something. Or maybe he could get a line on a nice bike that is cheap. but I would talk to him