Legal Question in Business Law in Florida

I run a small motorcycle repair shop out of my garage and one of my customers, who is also a friend, died recently. I was in the process of working on his bike so he has an outstanding bill that is approx. $2,500. I was his mechanic before I became state registered and we have never used my estimate form in the 2 years I've been registered. I did give him an itemized invoice for all work though. A signed estimate is required by my state but not after hours. Technically I was closed when I talked to him about a problem with his bike at his business and followed him to my place to drop it off. I talked to him on the phone and also in person at my shop during the process of diagnosing the problem, getting his permission to order parts and make repairs. According to what I have been able to find, this was legal. Florida Statutes > Title XXXIII > Chapter 559 > Part IX > � 559.905 (#5) and 559.905 (#1-c).

Now that my friend is gone a few people are interested in buying the bike from his wife who is co-owner on the title. She is a friend and I don't want to hurt her but how can I make sure that I am paid? Can someone show up with a title in their name and demand the bike? The estate has to go through probate and she's short on cash, selling whatever she can sell. She said that she will pay me and I am in no rush to be paid. I just don't want to be ripped off. Thanks.


Asked on 3/11/11, 5:38 pm

1 Answer from Attorneys
Richard Kaplan

You could file a Statement of Claim in the Probate Court for the amount you are owed. If they file a probate action, it could be paid from it.

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Answered on 3/11/11, 5:42 pm


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