Court Determines Whether Vehicle Was Legally Sold At Auction For Non-Payment of Lien
In 2019, Georges Coly asserted a claim of replevin against Yorke & Sons Auto Inc. and Alive Auto Repair Inc. for the return of his 2015 Chevrolet Tahoe bearing VIN 1GNSCBKCXFR160546, as well as $1,200 in lost wages resulting from the allegedly unlawful detention of his vehicle. On May 9, 2023, the Court conducted a lengthy inquest on the record, during which it heard testimony from Coly and considered his documentary evidence. At the conclusion of the inquest, Coly orally amended his demand for damages to include $100,000 in lost wages, plus interest calculated at 20%, and a new 2023 Chevrolet Tahoe to be funded by Yorke and Alive.
Coly’s testimony was replete with substantial gaps and occasional inconsistencies. According to Coly, he was involved in an automobile accident on November 18, 2018, which damaged the front end of his vehicle and caused the airbag to deploy. The following day, on November 19, 2018, he brought his vehicle to Alive Auto Repair for repairs and was instructed to return the next day to receive an estimate. On November 20th, Coly returned to Alive and apparently was dissatisfied with the estimate; he claimed he told Alive not to repair his vehicle, but also that he could not take his vehicle that day and would return another day to retrieve it.
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