I had to talk with my lawyer this morning about something unrelated, I posed the high points of this to him as a hypothetical. He said the first thing a lawyer may do based on what I said was do up a firm legal letter requesting full refund based on non delivery of parts/services promised. Letter also explaining if he refuses the matter will go to court where the client (you) will be seeking a full refund, plus fees, damages, legal expenses and reasonable interest. Certified mail, 15-30 days to respond depending on state.The lawyer may add his fees in the initial refund request which for a letter shouldn't be much. He also said you shouldn't be asked to pay a retainer for a minor thing like this, especially since it would be in small claims. When a lawyer must make appearances or deal with complicated matters is generally when they start asking for retainers. This should be neither.
Since he's willing to let you pick up your property, do that first so that he doesn't get scorned and fuck with any of it. Once it's just a matter of money the going forward simplified (cheaper).
Then file the legal case with small claims if hes still too greasy to do the right, anything under $10k would be small claims. Apparently depending on details, you may be entitled to damages if he tied up your money for an extended period of time without delivering as he promised. You typically would not bring a lawyer to small claims, but you should definitely go forward under the guidance of a lawyer. Using a lawyer is quite a bit cheaper and easier than many folks think if you have a decent one.
Sorry this is long, and it's based only on lawyer input with very limited knowledge of this situation. I really hope this goes in your favor and I'm really interested in the outcome.
I am not an attorney.
I believe we're all hoping that the O.P. will follow-up on the free "legal advice" here. We want him to be able to extract himself from this mess, with as-much recovery as-possible.
To my way of thinking, his #1 move should be to
recover his hard parts. If the entire bike is there, with the engine in pieces,
go-there, and get it back, now! Everything you left him,
everything you paid-for and don't now have in your personal possession. If he hasn't ordered the parts yet, then you are due the refund of the money you fronted-him for their purchase.
I suspect that this unethical tradesman/shop owner hasn't done a lick of work on the bike, hasn't had any machine-work performed, he's just been sitting on the pile of disassembled parts, while he's done whatever-else he's been accomplishing in the shop, while you sit and wait.
If he says, "I had the cases machined," or whatever-else work was supposed to have been completed, demand the receipts for the work, and whatever he hands-you, contact the services provider (that would be the machine shop) and cross-reference their receipts with the receipt this guy gave you. I suspect there is a possibility of discrepancies, based upon the
yelp reviews and what the O.P. has experienced to this point. I doubt anything has been done, because if it had, then wouldn't he be assembling the engine, to put it back in the frame, and to get the bike delivered? The months and months of no progress suggest nothing has been accomplished. That money for the services previously-agreed-upon for the scope of work should then be due to the owner of the bike, based upon the shop's abandonment of contracted work. Heaven help him if he gave this business any cash with no receipt due! In that situation, I am afraid he's without recovery. "If you pay me cash, I'll give you 10% off the cost of the job" is a dishonest way to cheat the government, and to cheat the customer, should the O.P.'s situation arise.
In the link I provided concerning IL small claims court, the limit is $3,000.
"...file the legal case with small claims if hes still too greasy to do the right, anything under $10k would be small claims" from my research is incorrect.
An attorney drafting a "demand letter" is going to be expecting compensation for his/her time, that's a negotiable issue between the O.P. and the attorney. I would expect one hour of the attorney's rate, depending on the state and the population, (demand for services) I suspect that could be $250, possibly more. You have to ask to discover what would be charged.
You should act immediately to secure your hard property, and the attorney's demand letter will serve-notice on your intent for the funds previously-paid. I would show-up with your truck/trailer, however you need to transport your parts away from the shop, and hold the attorney's communication in your back pocket. Don't even
hint you have it. Just say, "due-to a lack of work on your part, I'm recovering my bike and my parts which have been removed from my bike." A really 'ballsy' shop owner would demand
more money, "because of all the work I've already done." Request an itemized bill of what "all that work" is, receipts from the machine shop as previously-mentioned, and any parts ordered and delivered to the business. Get your bike and your parts, and
then hand him the attorney's "demand letter."
Do not engage in any type of shouting match, or a physical altercation. That will not work-out well for you, even if he's the instigating party. Bring at-least one person with you as a witness on your behalf.
You could try speaking to the local P.D. Ask to speak to a detective working fraud, bring whatever receipts you have and a timeline, something the detective can refer-to. See what they say. If they respond, "it's a civil matter," well, at-least you tried. Take their business card, inform them the attorney will be interested to know with-whom you spoke at the P.D. but only if you have actually already had contact with an attorney about this.
Good luck.
