Yesterday was a REAL surprise! With almost continuous rain which at one point hit scary gale force winds we were QUITE busy! Thanks to all for coming in and not only paying us visits and compliments but giving a total of five bikes new homes!! Well, technically four as the fifth was claimed by our eight year old, Rozlynd. At her insistence she is no longer a kid so therefore must give up her kids bike and get on a bigger one. She claimed the 24" pink MTB.
A couple updates!
On the stolen Trek front. Some times following the crowd is the wrong thing to do. I should know that at this point in life and it is to my shame I strayed from that belief. When we first started in this business we know we needed a way to avoid buying stole bikes. There was non available through official channels, so we created on based primarily on instinct and common sense but also on taking copies of sellers info. For the most part it served us well. There were times even then that we inadvertently bought a stolen bike, but when it was brought to our attention or identified we returned it to the owner. On one such occasion, we contact the police to come and take the sellers info and during the conversation with the officer he asked whether or not we had collected our purchase price from the owner before returning it, as that was our right. I balked at the idea originally, but then a doubt was placed in my mind. So I researched it and sure enough was informed by others in both the Sheriffs office and Clearwater police that this was in fact the truth, and that was what all pawn shops and second hand sellers did. Well, I thought,,,if that's what everyone else does!
UGH! "If everyone else jumped off a bridge...."
SO yes, to my shame there have been three other times since then that I have charged others for the return of their OWN bike, and in retrospect I should be flogged! My only justification was that that was the law.
Well I was wrong on TWO counts! First and foremost that it is morally WRONG to ask a victim to PAY for the return of their own property after they have been violated in such a heinous way!
And Second....
IT IS NOT THE LAW!!!!
After the recent debacle I was researching the laws regarding a "Secondhand Dealer" s (thank Heavens once again for the Internet) and I came across statute 538:8...
538.08 Stolen goods; petition for return.—(1) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or circuit court by petition in substantially the following form:
Plaintiff A. B. sues defendant C. D., and alleges:
1. This is an action to recover possession of personal property in County, Florida.
2. The description of the property is: (list property) . To the best of plaintiff’s knowledge, information, and belief, the value of the property is $ .
3. Plaintiff is entitled to the possession of the property under a security agreement dated , (year) , a copy of which is attached.
4. To plaintiff’s best knowledge, information, and belief, the property is located at .
5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession) . To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons) .
6. The property has not been taken under an execution or attachment against plaintiff’s property.
(2) The filing fees shall be waived by the clerk of the court, and the service fees shall be waived by the sheriff. The court shall award the prevailing party attorney’s fees and costs. In addition, when the filing party prevails in the replevin action, the court shall order payment of filing fees to the clerk and service fees to the sheriff.
(3) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. Upon the receipt of a petition for a writ by a secondhand dealer, the dealer shall hold the property at issue until the court determines the respective interests of the parties.
(4) In addition to the civil petition for return remedy, the state may file a motion as part of a pending criminal case related to the property. The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order any appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case.
In short, if the rightful owner of the stolen property proves it's theirs the buyer must return it with no expectation of restitution from the victim. He may pursue restitution from the assailant but NOT the victim!
So how has this been going on! How can POLICE recommend that the victim pay for their items return? Well, my guess is that that would mean the investigating officer would be inconvenienced with having to go to trial, and its just easier to tell the victim to suck it up and buy it back.
Well, after discovering this I contacted the gentleman who owned the Trek and after apologizing profusely informed him I would be returning his money, in full. It was my lapse in judgment that allowed me to purchase this bike in the first place. And at risk of inviting potential con artists, if anyone who has had similar experience with us and had to by back a stolen bike is reading this PLEASE contact us as I would like to extend the same apology and restitution likewise.
And to the young lady who came all the way from Tampa to pick up her items we recovered, I am less eloquent with the spoken words, but I must let you know I do appreciate the offer of a reward for the return of your items and I hope I did not offend by not excepting. I am a firm believer in Karma. To except a reward for doing the right thing negates any good that one may do.
"Pay it Forward" The next time you have the opportunity to do for someone else "above and beyond" will be payment enough.
ANYWAY
We were slamming on customers yesterday (wait...that doesn't sound right) so unfortunately didn't get anything new out BUT we are real close to putting up a SWEET old school Cannondale(ish) road bike! Have had this ultra light frame kicking round for a while and finally accumulated enough parts to get it together. She'll be out in the next hour or o, so be checking out for that!
Alright, y'all have an awesome fourth and if ya got some free time between barbeque's come check us out!
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