Upholstery shop locked out - help - Page 3 - Vintage Mustang Forums
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post #31 of 52 (permalink) Old 06-05-2019, 10:09 AM Thread Starter
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So did the Unique Performance guy at least go to prison?

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post #32 of 52 (permalink) Old 06-05-2019, 10:41 AM Thread Starter
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Just got a call from the building owner and he is emailing me a waiver to have the shop owner sign once it is signed he will have his property manager meet me to release my car. :-)

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post #33 of 52 (permalink) Old 06-05-2019, 10:46 AM
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post #34 of 52 (permalink) Old 06-05-2019, 12:39 PM
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Originally Posted by Mvh0477 View Post
Just got a call from the building owner and he is emailing me a waiver to have the shop owner sign once it is signed he will have his property manager meet me to release my car. :-)
That's great.
As the law in every state is a bit different (sometimes way different) I won't hazard a guess about your rights (other than the DUE PROCESS rights already mentioned). However, one suggestion... contact the clerk of the local court that deals with landlord/tenant actions/evictions to learn if there has been an eviction action filed. You might find this out on-line (a lot of courts now have searchable databases). That court's bailiff or sheriff would be the individual who is responsible for actually removing the tenant and seizing any assets. Often that person (organization) is not the same as the police department.
Good luck.
PS Hope the work done was done well!
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post #35 of 52 (permalink) Old 06-05-2019, 12:52 PM
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I own residential property that I rent out. If a tenant doesn't pay his rent I can't just change the locks and lock him out. I would have to go to court to get an eviction order. If I locked him out I could be held liable to the dead beat tenant even though he was behind or didn't pay rent. I'd imagine commercial leases should be similar.
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post #36 of 52 (permalink) Old 06-05-2019, 01:13 PM
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Just got a call from the building owner and he is emailing me a waiver to have the shop owner sign once it is signed he will have his property manager meet me to release my car. :-)
That's what I like to hear! No attorneys, courts or run around.

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post #37 of 52 (permalink) Old 06-05-2019, 01:29 PM
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Yes, I was involved in the liquidation of Unique Performance.
All 4 phases.
Time for a threadjack...

If you would describe in detail how it came that third party titled property not related to the defendant was seized and not released. That could help others in a similar situation. I had two similar situations in the last 40 years. The first was when the FBI raided and seized the assets of a group of businesses owned by the same couple that were embezzling money from a government disability/death fund. The second was about 10 years later when the IRS executed a judgement against the venue where I was working for non payment of payroll taxes. In both cases I was able to petition the court through the receiver the judge appointed for the liquidation and retrieve my property. Both were in California Central District federal court.

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post #38 of 52 (permalink) Old 06-05-2019, 01:32 PM
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That's what I like to hear! No attorneys, courts or run around.
Maybe the owner got some advise from his attorney.
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post #39 of 52 (permalink) Old 06-05-2019, 01:58 PM
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Good luck! I hope it all turns out well

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post #40 of 52 (permalink) Old 06-05-2019, 02:29 PM
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Time for a threadjack...

If you would describe in detail how it came that third party titled property not related to the defendant was seized and not released. That could help others in a similar situation. I had two similar situations in the last 40 years. The first was when the FBI raided and seized the assets of a group of businesses owned by the same couple that were embezzling money from a government disability/death fund. The second was about 10 years later when the IRS executed a judgement against the venue where I was working for non payment of payroll taxes. In both cases I was able to petition the court through the receiver the judge appointed for the liquidation and retrieve my property. Both were in California Central District federal court.

My gut says it has a lot to do with the IRS placing holds on *any* money payable or due to the defendant. IIRC there was also a fraud issue with Unique (please correct me if I'm incorrect). Different situation that the OP's.


A few notes on this sitch: NEVER pay in cash. There is no way to track it, even with a receipt. We/VMF also don't have much info from the shop owner's side. It's possible that he's much farther behind than a month's rent, and the eviction process has been ongoing for much longer. The OP unfortunately got stuck in the middle of this mess. Not your circus, not your monkeys though.



I'm hoping that the OP is driving their car home now as I type this...
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post #41 of 52 (permalink) Old 06-05-2019, 03:16 PM
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I just did a dive into Unique. As @Sparky66 says above VIN fraud and indeed different from the OP's case. The Feds never filed charges but the locals hit him with 25 felony counts. From press reports at the time there were 61 (yikes) cars in various states of build all with tampered VINs though it's not clear how many were brought to him and how many were donors purchased by him to sell as replicas.

Gang, when you (or someone) changes the VIN from your title you're hosed. Typically it's OK to restore your original VIN as long as you follow the procedures of your local DMV. Changing it so it would be a Shelby from that time period is no bueno. These had washed VINs so they could be entered into the Shelby registry.

If you take your properly titled car with valid VIN to a licensed automotive service provider you're protected as long as you keep up your end of the deal. You may have to do some wrangling but if it's on the up and up you'll get it back. Eventually. If you send it to a guy where changing the VIN is part of the deal good luck to you. If he doesn't get popped you may eventually if you try to sell it or move to another state.
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Last edited by vegasloki; 06-05-2019 at 03:19 PM.
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post #42 of 52 (permalink) Old 06-05-2019, 03:46 PM
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WTF
2 months past due. locked out. something is not right

in NY this would be illegal. youd need a Marshall to pad lock anything and he or she would need a court order


sounds like more to it then one is leading on

someone needs to go to landlord tenant court and have this sorted out

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post #43 of 52 (permalink) Old 06-05-2019, 04:13 PM
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Originally Posted by vegasloki View Post
I just did a dive into Unique. As @Sparky66 says above VIN fraud and indeed different from the OP's case. The Feds never filed charges but the locals hit him with 25 felony counts. From press reports at the time there were 61 (yikes) cars in various states of build all with tampered VINs though it's not clear how many were brought to him and how many were donors purchased by him to sell as replicas.
Little bit of a personal anecdote that goes with this one: I knew a girl about 2005 that worked in the office at Unique Performance. She was fired for issuing a Shelby VIN for her Mazdaspeed Miata. I surely can't defend that knuckleheaded move, but based on what I've heard, she and her dumbassery was just a symptom of the larger disease up there that began and ended with the owner.

I lost touch with her over the years, but suffice it to say, this was not her only ethical misstep.
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post #44 of 52 (permalink) Old 06-05-2019, 04:54 PM Thread Starter
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Talked to shop owner he said he is not reopening so idk maybe there is more to the story than I know but I'm scheduled to get my car at 10:30am tomorrow with the property manager. I hope they let me get my car and the parts to it. We will see...
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1969 mustang convertible
302 originally candy apple red with white top red interior 3 speed manual.
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post #45 of 52 (permalink) Old 06-05-2019, 05:19 PM
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While it might be hard to say which party is worse in this affair i would make efforts to pay the person that did the work just for the strong arm tactics of the landlord.

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