Quick CA legal question if anyone knows...

Here it goes. True story. I had a similar incident couple years ago driving for an Indy. Long story short, I was owed $1500. He would not pay. Here's what I did to get my money:

1 turned in the keys and truck.

2 kept the registration and insurance for the truck.

3 demanded payment. (Still would not pay)

4 called local police (non emergency number) and requested an officer. My complaint was "my ex boss is refusing to pay for services rendered. He is also irate and is threatening me".

Officer arrived. I explained the situation. He looked at me and said "you do know this is civil and not criminal right? I responded, yes but can you talk to him? Officers are very convincing at getting the truth out of someone. He did.

I needed the officer to take a report so I can file in small claims court in my county.

Officer advised my ex boss that in the great state of California a verbal agreement is a legally binding contract.

If you take your car to a mechanic and refuse to pay a mechanic after the work is done, what happens? That's what the officer said.

5 officer had me return his registration and insurance and I got paid.

My ex boss even apologized.

 

This guy is desperate his family is suffering over this he is the victim i don't want to see him end up in trouble over this . I have seen and heard of something like this get waaaay out of control ... No offense you are in Cali the land of fruits and NUTS lol

 

My Suggestion would be Lock the truck in the gate Possession is 9/10th of the law, Locked on Private property will work right up until he calls the Police and reports it stolen and then you have a HUGE issue Felony theft, the time and money spent fighting that will be 3 times what he owes you..

Your best bet is to call him up and try to talk reason with him, explain that you have not but you are going to call the carrier, the board of labor.. Second thing you will do after that is go to the court house and file a LEAN against the truck, and his home for non payment of services in California it is a Mechanics Lien. Which can take Years to recover your money..
Talking to him without losing your cool or getting yourself thrown in jail would be the simplest way to do it..

If you hold the truck "hostage" in this day and time (and he sounds like someone who would dial 911 to make your life hell) you could end up with some serious problems....

IN speculation though if you were to park the truck outside your gate due to the fact he said " he was coming to pick up his truck" how are you to know if and when he picks it up.. My Point is if he gets stupid and call the law explain to them the whole situation and that you have it locked up for the safety of the truck so that there is no accusation that you did any damage... Also take the time to type a simple statement written to the effect....

I (HIS NAME OR COMPANY) having received (TYPE OF TRUCK AND VIN NUMBER) in the working condition with no defect hereby release (YOUR NAME) from all legal responsibility for said Property. And hereby agree to render all remaining monies to the amount of ( YOU PUT HOW MUCH HE OWES YOU) within 7 days of this signed agreement.


A WRITTEN Agreement has more weight in court than any VERBAL agreement..

 

Can't charge him with stealing it he was given the keys and permission to drive it and park it at his house . He puts that truck in the street the guy will come and take it without paying . There is no way i would give that truck unless he pays or the cops tell me to open gate . I doubt the cops will or can arrest unless he refuses to open gate when they tell him to

 

Here's a thought, you know he's gonna end up with the truck, Make him work for it. Lock your gate, when he comes in the morning, don't answer at all. BTW, if he brings a check with your pay. Send someone to bank to make sure its good, but to "His" bank, cause he could stop payment or not have the funds.

 

Yes. Make him work to get that thing out of there. No air in the tires (not sliced), dead battery, empty fuel tanks. Leave the hose running all night so he has to walk around in the mud.

I wouldn't damage the truck for sure.

Sorry if I sound vindictive. I hate rip-offs more than anything in the whole world.

Edit: Make him go get his own compressor and jumper cables.