Most don’t think like a lawyer but also know they don’t have to pay voluntarily and think the other party isn’t smart enough to go the rest of the way to collect. I have done this 3 times and been successful 3 times. I even beat State Farm after a burglary of my home when they wouldn’t pay. I would never give up on $11,000
I sympathize what is going on with the Kleiners, and what Mrs Kleiner is going through. However, this needs to be made right. I know there are a few people on this board that know her, and hopefully will get a message to her. They will not reply to this thread, as I am sure they do not want to get involved.... At the same time, maybe send an anonymous letter with some type of reason on why this occurred?
this kliener deal is sad,a story of someone all the way to the top and at the bottom,its sad but im not goin to be beaton on him amymore,he did as much for the buick GS as Richard did 4 the gs,bad health has power over everthing.........
What i liked was that you have the opportunity to express your opinion, not that I necessarily agree or disagree with it.
The amount in controversy is clear. $11,000.00 was paid and the services for which the money was paid were not delivered. The choice of pursuing legal redress is with the customer now. If the customer elects to not pursue a recovery, the action is dead. If the customer elects legal action, the next hurdle is the cost of going forward. Is the additional expense (Court action is not free, even if you proceed Pro Se),time and effort worth it to the Plaintiff/customer. In the event the Plaintiff/customer goes forward and prevails and gets a Judgment, can the Judgment be collected? This will not be known until the Plaintiff customer attempts to levy on the Judgment Defendant/debtor. Does the Judgment Defendant /debtor have discoverable assets above the statutory exemption level? Will the Judgment debtor file such exemption? If no exemption is timely filed, all assets of the Judgment Defendant /debtor can be levied upon. If the exemption is allowed and it is discovered that the Judgment Defendant/ debtor has assets above the exemption level, these assets can be levied on and sold by the Sheriff to satisfy the Judgment. If no assets that can be levied on are found, the Judgment stays on the books for years. A lot can change in those years. In the meantime, the Judgment is collecting interest at the legal rate for that state until paid or until the Judgment expires. Judgments can be renewed if they get close to their expiry date.
Not sure I know what happened with Kliner, so what I have heard is hearsay. Some that I talked to over the years complained their cars sat for years and several just went and got them back. I know I sold several parts to Dave and had to nag him to get paid. I stopped dealing with him as a result. Oldschool85? I think bought up a large amount of parts that Dave had and he is getting them back in circulation. Bottom line sounds like a bunch of people were treated badly. Kliner is "gone". He was a Buick God at one point, but it all slid away. Took on more than he could possibly do? Don't know. Unfortunately Not unusual in this hobby. Other premier restorers have gone the same way. Caveat Emptor
At this point I would contact Jim Weise and have him rebuild your engine. He is the best in the business. He did a fantastic job for me when he rebuilt my 455 Stage 1 engine.
If you want to keep it in Ontario, check with D&D Performance in Chesterville (just outside Ottawa). They know Buick engines. Cheers
Just a question - was Mr. Kliener or his business "bonded"? If not known for sure either way, then did he or the business take on or do work for any other entities (towns, municipalities or private businesses) ... which often require performance bonds to be involved in the work (which prevent others from being shafted if the work wasn't completed)? There may be "recourse" for non-performance of work.
I agree with Randy D&D in Chesterville is the place to go for a buick engine .They will get my next engine Alain red W-31
