Chopped by Archie, Powered by Fastfieros (Page 17/41)
IwannaIRM SEP 30, 01:44 PM
It's nice that you try to give legal advice all-be-it wrong and misleading.


quote
Originally posted by mptighe:

Will, at this point you should just show up with a tow truck and file a police report. Have the tow truck meet you outside of his property, call the cops and have them escort you onto his property to get your possessions. At least that way you have the car, or at the very least a report from the police saying he dienied you. He's not going to work on it, and possibly because of the attention he's gotten from it. He seems like a pretty spiteful person from the last conversation I had with him. I would start the proceedings the easy way, with a police report and witnesses to you trying to retrieve your car.

For some reason I kept thinking you were out of state, but your location shows DFW, so you can get your car and file a DTPA case against him. It allows you to sue for 3 times damages AND attorney's fees in TX. Basically you can get your $10k back plus the cost of the damages times three and add the lawyer's costs on top if you win. I'm sure that would be well over $50k. Yeah getting the money is harder but he has a lot of tools and parts you can put a lein on. Good luck


First, a DTPA can not be filed since the consumer has two years to file this claim after they are aware of the deceptive practices. It's outlined in the DTPA papers.

6. Limitations
An action under DTPA must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice.
Section 17.565 provides what is generally referred to as a “discovery rule” of limitations.

Second, courts will not place a lien on tools that are primary for someone's work/business. Strip a man of the tools that allow them to make money and nothing will get resolved, period.

I don't know why you insist on poking and prodding this topic. You apparently have your own personal vendetta against Loyde. It would probably be better if you placed all this anger and energy into going after the folks that screwed you over on your swap here in Houston.

People on this forum are aware of what's going on. Will, is proceeding with what he can to resolve the issue. I am sure Will will post when he has some news worth posting.

Your legal advice will just send people in bigger circles. Verify your sources prior to suggesting legal work or you may soon find you need an attorney to fix what you've done wrong.

For the record I own this page

[This message has been edited by IwannaIRM (edited 09-30-2010).]

IwannaIRM SEP 30, 06:17 PM
Ok, I will not be chased into PM's. If you have something to say that pertains to this thread say it here. I have nothing to hide, I am not protecting anyone and I'm not into slinging mud behind closed doors.

So, in response to your PM mptighe:


quote
Original Response in PM by IwannaIRM
There's nothing to take to PM's. Will's situation with Loyde is between Will and Loyde. You're not the internet savior to protect everyone. Everyone who has a vested interest in this wants to know what's going on but they aren't provoking they are just asking. So, let's see, vested interest would mean one who has monies or properties involved in this transaction. Hmm, you seem to have neither.

If you feel I am "correcting" you then maybe you should read the complete law/laws you quote first before arbitrarily posting what you feel is fact. I quote directly from the law and you call it theory. You ask your lawyer for his opinion on Will's situation but you don't do some research to confirm the validity of what he tells you? Hmmm, fail.

I won't address everything else in your post since it's irrelevant. As I see it, you are clearly stirring the pot. You had a falling out with Loyde, and others know it, so this is a personal issue for you to see him go out in a huge fireball.

As I stated clearly in the thread, "Will will post when appropriate action has been taken by either him or Loyde." The outcome is in their courts not yours.

mptighe SEP 30, 06:49 PM
Wow, you don't even have the decency of keeping your personal argument with me out of Will's thread but you accuse me of stirring the pot? My response to you is in the PM's where it belongs.
Oreif OCT 01, 06:07 AM

quote
Originally posted by IwannaIRM:

It's nice that you try to give legal advice all-be-it wrong and misleading.

First, a DTPA can not be filed since the consumer has two years to file this claim after they are aware of the deceptive practices. It's outlined in the DTPA papers.

6. Limitations
An action under DTPA must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice.
Section 17.565 provides what is generally referred to as a “discovery rule” of limitations.

Second, courts will not place a lien on tools that are primary for someone's work/business. Strip a man of the tools that allow them to make money and nothing will get resolved, period.



Placing a lien on a shops tools, building or business, does not mean that they cannot be used. When a lien is placed on an item or property, it means that if sold or liquidated, the lienholder gets their money first. In the case of a business, a lien can be placed on the business. It does not mean that the business cannot do work, Just that if the business liquidates, is sold, or files bankruptcy that the lienholder has legal claim to the money owed them.



quote
Originally posted by IwannaIRM:
Your legal advice will just send people in bigger circles. Verify your sources prior to suggesting legal work or you may soon find you need an attorney to fix what you've done wrong.




As for giving legal advice on a public forum, Why would he need an attorney? You cannot sue someone who posts general legal advice that may or may not be incorrect.

Besides I would hope by now that Will has already contacted/hired an attorney and/or other authorities to resolve the issues. Hence why he may have been instructed not to post details of what is going on until the issues have been resolved. Hopefully we'll hear of a resolution soon.
Last we heard, Lloyd was suppose to finish the car by August and Will's last post at the beginning of September states that the car isn't done and Lloyd was not responding to inquiries from Will.

[This message has been edited by Oreif (edited 10-01-2010).]

InTheLead OCT 01, 09:37 AM
Chopped by Archie stolen by FastFiero's
10speeder OCT 01, 10:06 AM

quote
Originally posted by IwannaIRM:

Ok, I will not be chased into PM's. If you have something to say that pertains to this thread say it here. I have nothing to hide, I am not protecting anyone and I'm not into slinging mud behind closed doors.

So, in response to your PM mptighe:

[QUOTE]Original Response in PM by IwannaIRM
There's nothing to take to PM's. Will's situation with Loyde is between Will and Loyde. You're not the internet savior to protect everyone. Everyone who has a vested interest in this wants to know what's going on but they aren't provoking they are just asking. So, let's see, vested interest would mean one who has monies or properties involved in this transaction. Hmm, you seem to have neither.

If you feel I am "correcting" you then maybe you should read the complete law/laws you quote first before arbitrarily posting what you feel is fact. I quote directly from the law and you call it theory. You ask your lawyer for his opinion on Will's situation but you don't do some research to confirm the validity of what he tells you? Hmmm, fail.

I won't address everything else in your post since it's irrelevant. As I see it, you are clearly stirring the pot. You had a falling out with Loyde, and others know it, so this is a personal issue for you to see him go out in a huge fireball.

As I stated clearly in the thread, "Will will post when appropriate action has been taken by either him or Loyde." The outcome is in their courts not yours.



Well said!

[This message has been edited by 10speeder (edited 10-01-2010).]

av8fiero OCT 01, 02:06 PM
I can't wait to see pics of the completed swap.

------------------
BLACKKER 1988 choptop v8

http://www.foxvalleyfieros.webs.com/

N.I.F.E. member #461
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darkhorizon OCT 01, 02:45 PM
Unless the supercharged is cast in silver, and has gold valve covers... It wouldnt be anything we havent seen before.... Nor worth the effort and money involved.
dobey OCT 01, 03:37 PM

quote
Originally posted by darkhorizon:
Unless the supercharged is cast in silver, and has gold valve covers... It wouldnt be anything we havent seen before.... Nor worth the effort and money involved.



Supercharger? Was he planning on strapping a blower on top?
86GTFastback OCT 01, 04:27 PM

quote
Originally posted by darkhorizon:

Unless the supercharged is cast in silver, and has gold valve covers... It wouldnt be anything we havent seen before.... Nor worth the effort and money involved.



First off, that would rule btw.

Secondly,
This whole situation totally sucks, I've been on these forums for only about a year, but this is by far the most despicable situation I have encountered on here. I hope it all works out for you. I hope the everyone gets what they deserve.