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"For example, if you don’t make timely payments on the vehicle, your creditor may have the right to “repossess” — or take back your car without going to court or warning you in advance. Your creditor also may be able to sell your contract to a third party, called an assignee, who may have the same right to seize the car as the original creditor."
"Seizing the Vehicle:
Once you are in default, the laws of most states permit the creditor to repossess your car at any time, without notice, and to come onto your property to do so. But when seizing the vehicle, your creditor may not commit a “breach of the peace.” In some states, that means using physical force, threats of force, or even removing your car from a closed garage without your permission."
One can hardly argue that it was in a closed garage or they used force. In any event he was entitled to get paid.
I think most sane people agree Don was owed the balance from AG or Grandma or both, it was handled wrong by both parties.
Shane
Still pissed and that was nearly 10 years ago. Really wish every thief got what s coming to them but most just get richer.
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If Cade Clason had ridden the bike and placed really well, DL could have least taken the credit for building a really fast motor, but instead he disables a bike that could have shown how good the engine building and exhaust could perform. Both have the collective IQ of a mollusc.
Has DL gone to court yet? If he hasn't then there's more to the story than we know.
And Cade's grandma has already paid a substantial amount of money, it's the 3rd installment that's in dispute.
The buyer made efforts to hide the bike. The buyer took off the serial number to prevent the seller from identifying sellers property.
So do you believe in your best common sense that DL did this to get paid or to be vindictive? I believe with the available information the logical conclusion is the seller was hiding from DL and he had no other place to confront and create a motivation to pay him. I wish it would have been handled differently but to put any blame on DL just seems wrong. Why after all these pages doesn't the buyer come on here and justify why they wouldn't pay? Do you think that if the buyer paid what they agreed to this would have happened?
Lastly, what are you claiming they took? Their proprietary intellectual property (the computer code) that was not paid for? And that's very easy to prove it was created by the tuner.
"No good deed goes unpunished"
TM
When you buy a copy of MS word you don't own it, you are buying the right to use it. And if you don't make your payment, surprise, they can deactivate it.
If I employ people to do machining for me, I employ them as contractors, as the work is sporadic at best. But I pay them as soon as they invoice me, same day. If a customer doesn't pay me for work I deliver, it becomes my problem, not the problem of the people who work for me.
So why hasn't DL paid Pitts?
Did Grandma receive 2 invoices 1 from Pitts, and 1 from DL? If not then DL should pay Pitts.
The kid rode the bike all through the SX season. If they are hiding from DL and go as far as removing serial #, do you really believe that DL had another option? I believe this was a bad option but the only thing DL did wrong was to help the kid. What if it was your money, how long would you put up with the shenanigans? Maybe DL has trouble paying the rent without that extra $7k. We don't know any of the other information. And the sad part is, all they had to do was pay the bill like they agreed to! But no, now they are going to tarnish someone who helped them.
TM
And before anyone accuses me of being a DL nut hugger, I don't even know him. I will confess to being a nut hugger of right and wrong though.
Also to make the claim the ML would make CC look like a "clown" please show me mikes AMA 450 finishes compared to Cades....oh wait there's not any. ML is a perennial 250 class racer that can't make it through a full season without injury.
Now you're saying that DL had no choice & to not listen to an attorney's advice & did what he had to do...
Anyways, I got a friend who's pretty well off & I gave him DL website ect., he's getting back into racing... Hopefullyl everything
works out...
I just get confused when people act like you should handle it like Clint Eastwood, Charles Bronson, Arnold, Rambo, Chuck
Norris, John Wayne, Bruce Lee, & a few others
Pit Row
Can DL prove what was on the bike when it left the shop?
Is there a shipper/packing slip signed by the person receiving the bike? If the packing slip is itemized with all the components that were used to build the bike, and signed by the person recieving the bike then DL can prove that the bike that left the shop matched the invoice that he sent to grandma, assuming the invoice was itemised (I assume it was as there's a dispute to the invoice not matching the bike)
If DL doesn't have an itemized packing slip/shipper, signed by the person recieving the bike, how's he going to prove in (small claims) court that he delivered what he says he delivered???
In other words the reason he (probably) didn't go to court was because the attorney probably told him he was s*** out of luck!!
1)a verbal agreement which courts take a dim view of
2) no way of proving what he shipped.
3) you've been in business long enough, you should have known better.
DC
MX Sports
/endthread
until you pay for what you got. And DC getting involved sets a precedence for him now having to be the police for any stolen/illegitimate goods at their races. Does he really want that? I doubt it. I feel bad for DC but it was the wrong move. Of course this is based on the information we have here. If there were more pertinent information I might change my mind but we only have so much information and you have to make the "best" decision with the available information.
TM
I will do the exact same thing the next time someone shows up and vandalizes an entrant's motorcycle right before the race and then leaves.
DC
MX Sports
Maybe not his responsibility, but why should the purchaser honor the original agreement when the object purchased was not delivered? A question for all of you calling the racers/family "thieves"; if you bought a bike with billet wheels and it was delivered with stock wheels, would you pay the full amount?
All this talk about it being a civil matter, but as soon as Leib saw/knew that the frame and engine #'s of the bike and motor in question had been altered it became a criminal matter
If MX Sports is interested in following the rules (The reason given for coming down on Leib), they should address the issue that one of the racers at GH was racing an illegally altered bike. Once you begin to decide what rules you enforce, which rules you do not enforce, who is held accountable and who is not held accountable to the rules, you lose all credibility as a governing body. If Cade's bike had the frame and or motor number removed, he was/is clearly racing an illegal bike and someone in his camp is guilty of a Misdemeanor at the least, if not a Felony. Somebody at MX Sports should be looking into this and taking statements and demanding an inspection of the motorcycle used at GH.
From the conversation with the Cade's mechanic and the electronic ignition guy per Leib:
"They talked about the track and altering the power delivery and at that time he (The electronic ignition guy) confirmed that the frame had been changed and that the serial number on the engine case had been removed.
In California removing or altering a VIN number or engine serial number is not a civil matter, it is a criminal matter. The cop at GH that was called to the pits should have confiscated the bike on the spot and this whole thing would have been avoided.
Vehicle Code 10750.
(a) No person shall intentionally deface, destroy, or alter the motor number, other distinguishing number, or identification mark of a vehicle required or employed for registration purposes without written authorization from the department, nor shall any person place or stamp any serial, motor, or other number or mark upon a vehicle, except one assigned thereto by the department
Vehicle Code 10802.
Any person who knowingly alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates, or removes vehicle identification numbers, with the intent to misrepresent the identity or prevent the identification of motor vehicles or motor vehicle parts, for the purpose of sale, transfer, import, or export, is guilty of a public offense and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, or by a fine of not more than twenty-five thousand dollars ($25,000), or by both the fine and imprisonment, or by up to one year in the county jail, or by a fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment.
I would probably start here as a violation of the rules:
From the AMA 2015 RULES FOR PROFESSIONAL MOTOCROSS COMPETITION
A2.2 - i. - Engaging in any unfair practice, misbehavior or action detrimental to the sport of motorcycling in general, whether or not related to a specific competition (is an offense that is subject to disciplinary action by AMA Pro Racing) .
If you read the first post in this thread, you will see that the bike had already been sold to a guy in Italy. Did this guy already pay for the bike and now Don is collecting for him? Who knows and one things for sure, none of us keyboard jockeys do so lets just go with the fact that there is always three sides to the story and quit calling people deadbeats and that things were stolen. On the same note, lets quit calling Don a bad businessman and not worry about how he handles his A/R. This is a mess and things are very convoluted and that's why he couldn't get the Police to help and also why an attorney told him he was SOL. I'm sure its lessons learned on both sides and Don pretty much says that in his initial post.
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