durrelllrobert
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Location: Punta Banda BC
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What are your legal rights?
Has anyone ever had a car stolen while in a body/ paint shop for repairs? if so, can you sue the proprietor for monies you paid him for the work or
the value of the car? Don't you have to at least have a PR status to even go to court?
Bob Durrell
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bajaguy
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You should be asking an attorney, not this crowd
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durrelllrobert
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It's not me. Just a Mexican friend that was doing the body work and is now being threatened with a law suite by the American owner who does not have
PR (or any other) status in Mexico. I already told him he needs to seek legal consul but the fee quoted is more than the amount of the law suite
threatened.
Bob Durrell
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TMW
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Location: Bakersfield, CA
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If you have insurance they will pay for the value of the car.
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mtgoat666
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Quote: Originally posted by durrelllrobert  | | Has anyone ever had a car stolen while in a body/ paint shop for repairs? if so, can you sue the proprietor for monies you paid him for the work or
the value of the car? Don't you have to at least have a PR status to even go to court? |
Sorry you lost your car.
I guess it's a good lesson, well, there must be some lesson to take away from the experience.
You insurance should cover cost of car. Hopefully your insurer factors in the new paint job increased value of car, eh?
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DENNIS
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I'm willing to bet the car owner has nothing like a receipt to prove a claim.
"YOU CAN'T LITTER ALUMINUM"
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gnukid
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Your friend who works at the body shop can be prosecuted if there is evidence presented by 2 witnesses that he was responsible. Paperwork signed by
worker and client would be used as well. The car owner would need to prove he was the owner with original bill of sale / title usually and had a
contract with the worker and file a demanda and then request presence of the accused at a hearing which must be sent to the accused 3 times for
response. In the preliminary hearing the defendant and plaintiff present their evidence in the form of documents and witness testimony provided in and
certified in writing by the office investigation of car robberies. The court case will proceed slowly and finally a decision will be rendered and if
proven to be responsible a payment compensation will be ordered. The cases are rarely completed or settled except when the thief is found in the car.
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BajaNomad
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Thread Moved
9-2-2015 at 09:32 PM |
Hook
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There are lots of cases over here where a judgment ordering payment of compensation is simply ignored. You can't squeeze blood from a turnip.
Not to mention how hard it is to get some law enforcement type to enforce the payment of the judgment.
This is a BIG part of why so much petty crime is attempted in Mexico and why so much crime goes unreported. It's a dead-end street, even if you win.
The small-time perps know this and they know that YOU know this and won't even take them to court.
It's incredible some of the cases over here where the physical evidence is irrefutable against someone but because they weren't caught in the act
(only caught with the evidence) the DA and the local police dont do squat.
What does the good Doctor always say? Move on, turn the page.
It's Mexico. Not likely to change any time soon.
I'm sure some of you saw this article from yesterday:
http://mexiconewsdaily.com/news/a-g-shakeup-part-of-corrupti...
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Lee
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I'll second what Hook said.
I"ve dealt with a lawyer in La Paz, friends dealt with a different lawyer in La Paz, I've seen the bad outcome from how a lawyer handled things in
Todos. None of it good.
You might end up paying a lawyer more than the car is worth… and then there's the problem enforcing a court order for collection. No price on
aggravation.
Police report and NOB insurance is best bet.
US Marines: providing enemies of America an opportunity to die for their country since 1775.
What I say before any important decision.
F*ck it.
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Hook
Elite Nomad
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Yeah, I meant to add that if a vehicle is worth more than you can afford to lose, get full insurance. In a sense, you can think of it as some legal
insurance, too. Insurance that keeps you OUT of the legal system.
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CJ
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My experience has been if you need a lawyer in Mexico, you are already screwed...just pay whatever it costs and get on with it. You are an extranero
you will never win. If you can't take it leave...it's what it is
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