Sticky situation

[Road kill]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

[cheshirecat]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?
Two things.
Who is the bike registered with
Not too sure in this but the law of contract and possibly tort would suggest that the bike is held in a contract relationship between you and "him"
You would risk breaking that contract if you released the bike to "her"

[mossy1200]

Tell her your not interested in her situation unless ordered by the courts.

[Maki]

Tell her your not interested in her situation unless ordered by the courts.

+1 Sounds like good advice.

[sinfull]

hide it !....

[oneofsix]

Your contract is with him. You are not party to their problems and unless she comes to you with the court papers proving the bike is hers you can't release it to her even if she pays you for your work.

[iYRe]

+1 to the "agreement is with him not her, and unless she arrives with the cash and cops/corder order she cant have it" sentiment.

I'd not get involved in their relationship issues...

[Madness]

Is she hot?

[oneofsix]

Is she hot?

A positive answer requires pictures

[tigertim20]

my opinion has already been posted.
you have an agreement with HIM. if she ants it, she needs HIS permission, or a court order.

[Zamiam]

Wouldn't release it to her without court proof she has rights to it. Ignore police who are unliely to get involved as its a civil matter and even lawyers. As others have said your "contract" is with him and unless you've given him a reasonable time to pay and he hasn't and you want to recover what's owed its no one else's business and based on your op you're not chasing money.

[Oblivion]

Pretty much what everyone else has posted.

HE came to you and asked for it to be restored. That means the contract is strictly between you and him unless there is a court order to decide otherwise.

Unless she is a motorcyclist herself, I'm assuming that the bike would be sold to recoup "costs" if she does get her hands on it :shutup:

[Akzle]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

possession in 9/10ths the law ehh?

any contract between you and your mate is between you and your mate.
ie, he owes you, he pays you.

if you have a contract with his ex missus, then it comes down to "first in time is best at law" - who had a contract with you first?

if, as i suspect, she's a bitch and you don't have a contract with her ie. if HE owes HER money, that's between HIM and HER and NOTHING to do with you.

if YOU choose to accept her money and give her the bike, you have breached the contract with your mate. (plus, does she hold "title" to the bike?) and probably lost a mate. (bros before hoes, bro.)

long story short. hold the fucken bike. write her a letter telling her to get fucked (politely) and that if she contacts you again you'll get a tresspass order against her.

[Akzle]

Two things.
Who is the bike registered with
Not too sure in this but the law of contract and possibly tort would suggest that the bike is held in a contract relationship between you and "him"
You would risk breaking that contract if you released the bike to "her"

do you comprehend the meaning of the word "tort"...?? your either not good at english, or not good at law.
(although asides from that, you were pretty much right)

[cheshirecat]

do you comprehend the meaning of the word "tort"...?? your either not good at english, or not good at law.
(although asides from that, you were pretty much right)
You may or may not be right but then I've won my cases and I'll stick to what I know if you don't mind

[sidecar bob]

She dosent actually want the bike, she just wants to fuck him up & piss him off & taking the bike will do that.
Tell the tired bitch to go fuck herself.

[jasonu]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

Tell her to fuck off. (unless it gets to the point where you think he might not pay up)

[mashman]

Ask her how much she really wants the bike :blip:... make sure to take pics and then blackmail the dirty bitch. win win win

[nodrog]

Tell her its $3500 and a root up the bum.

[Akzle]

You may or may not be right but then I've won my cases and I'll stick to what I know if you don't mind

i don't mind at all, i just wondered why you threw the word tort in there.

contract law=yup.

tort law involves claiming for damages above those that were naturally incurred in teh commission of teh crime..
ie. she stole 100$ from me, but for loss of enjoyment, and my emotional emo shit, she should pay be 500$ compensation.

[skippa1]

She dosent actually want the bike, she just wants to fuck him up & piss him off & taking the bike will do that.
Tell the tired bitch to go fuck herself.

yup what ^ said

[nodrog]

I tort i taw a puddy tat

[Road kill]

Well that was short an sweet.

I spoke to the owner this afternoon an guess what ?

I'm getting paid tomorrow.:yes:

Thanks for the replies.

[NordieBoy]

Well that was short an sweet.

I spoke to the owner this afternoon an guess what ?

I'm getting paid tomorrow.:yes:

Thanks for the replies.

And the root?

[nodrog]

And the root?

he's sorting him out with that too.

[Road kill]

he's sorting him out with that too.

Nah,got me own root.

So long as she don't read this. :sweatdrop

[AllanB]

Darn - I was going to offer you $3700 for the bike!!!! (no root though).

[p.dath]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

My perspective on the law; if they were together for more than 2 years and have now separated, then the 'Property (Relationships) Act 1976' has now granted her some interest in the motorcycle. It makes no difference that you started dealing with your mate. It makes no different you had a "contract" with him (even if only verbally) originally.

However it is not for you to decide what that financial interest should be, nor what any property separation agreement should say. So I would sit tight and do nothing until the two parties have sorted it out between themselves. And if she contacts you, you can tell her the same - that she needs to settle her property agreement with her ex before anything is going to happen.

[Oscar]

Two things.
Who is the bike registered with
Not too sure in this but the law of contract and possibly tort would suggest that the bike is held in a contract relationship between you and "him"
You would risk breaking that contract if you released the bike to "her"

Registration is not proof of ownership, but you are correct in respect of a contract existing regarding the work done on the bike. Unless she can prove ownership beyond a doubt, releasing the bike to her would be a very bad idea.

[imdying]

My perspective on the law; if they were together for more than 2 years and have now separated, then the 'Property (Relationships) Act 1976' has now granted her some interest in the motorcycle. It makes no difference that you started dealing with your mate. It makes no different you had a "contract" with him (even if only verbally) originally.I would have thought this was the case also... HDC?

[Oscar]

My perspective on the law; if they were together for more than 2 years and have now separated, then the 'Property (Relationships) Act 1976' has now granted her some interest in the motorcycle. It makes no difference that you started dealing with your mate. It makes no different you had a "contract" with him (even if only verbally) originally.

However it is not for you to decide what that financial interest should be, nor what any property separation agreement should say. So I would sit tight and do nothing until the two parties have sorted it out between themselves. And if she contacts you, you can tell her the same - that she needs to settle her property agreement with her ex before anything is going to happen.

In completing the work on the bike the mechanic has created a Worker's Lien (essentially a common law security interest).
The lien will encumber the entire property where the property is held by the married couple as joint property.

[oldrider]

Couple of months ago I finished restoring an older Triumph for a work mate.
He owes me $3500 and he knows he will not be getting the bike until I'm paid.
All good between him and I,I'm not in a hurry and he will eventually front up.

But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

He say's "hell no",,,she say's shes owed.

So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

You need to get your money back and I would think that would be your primary interest in this situation!

However, that objective will no doubt be influenced by ethic's of the situation according to your own personal standards and common law!

Don't see why you should lose money due to their personal differences either!

A tricky situation, bet you never saw that coming ... good luck! :shifty:

[p.dath]

In completing the work on the bike the mechanic has created a Worker's Lien (essentially a common law security interest).
The lien will encumber the entire property where the property is held by the married couple as joint property.

Hmm, this is out my my area, but doesn't the PPSR superceed that, effectively making it worthless?

[Oscar]

Hmm, this is out my my area, but doesn't the PPSR superceed that, effectively making it worthless?

McKay v Toll Logistics (NZ) Ltd (HC Auckland CIV-2009-404-7389, 22 June 2010)

The High Court has held that because a contractual lien is a "security interest" under the Personal Property Securities Act 1999 ("PPSA"), it is subject to the same priority rules as other security interests.

http://www.dlapf.com/sites/default/files/pubs_newsletters/14%20Banking%20&%20Finance%20Update%20-%2015%20August%202011.pdf

[Padmei]

Yeah but I wanna see pictures of the Root.
In fact for $3500 I'll give ya a root