Here is a rundown of my dealings with a motor rebuild by Frank Condelli, frankcondelli.com
My customer told me I had 10 days to fix this problem so I did and I am now in the process of suing as he will not warranty the motor. So Buyer beware
In the end I had the block welded and the motor taken apart the cam was bad and two lifters were scored, and the reason for low oil pressure the wrong crank bearing were installed. Thanks to Covid it took almost a year to pass small claims court in Quebec, In the end Mr. Condelli did not show up for court so I won my judgment in Quebec, now we have to transfer the judgment to Ontario small claims court. The fun of dealing with people that do not warranty their work.
Can you believe someone would use stop leak on a freshly rebuilt motor ??????
My judgement from Quebec
So far Mr. Condelli still refuses to cover the cost’s we will see what the future brings…. 2021/11/01
Court documents were served by a process server as my registered letter was not accepted and left at the post office.
So we later found out we were in the wrong court we had to refile in Perth On. and we had to send the new documents with the process server.
We finally got our Judgment now we will see what other steps we need to do to be finally paid.
So Franks deadline for payment has passed…. Like we are surprised.
So next steps possible in Ontario are:
As a creditor, you may have to enforce the judgment. In order for you to collect, the debtor must have one of the following:
- money
- assets that can be seized and sold
- a debt owing to the debtor by a third party (e.g., bank account, employment income) that can be garnished
So I am told if I do not know what he owns I should do a examination hearing where he has to disclose that information if not be held in contempt of court. So another $64 dollars plus process server fees…..and interest we will be getting close to 4000.00. And if he is in contempt of court another process server fee to send him those documents. At least here the Judge can order him to pay the amount owing if he doesn’t I should have all the information required to do a seizure (business stock, vehicle, property)
Each of these step’s cost money which is added to the total owing. I wonder how high the total will be by the time he decides to pay…….
Just filed the paperwork for a examination hearing now waiting for the court to send us the Dates so we can have them served.
Just got confirmation of the paperwork being filed now waiting for the date…. for the hearing.
So July 19th are in front of Judge Dubois and of course Frank starts I know nothing and was never informed of any case against him.
So Judge Dubois gives him till Aug 23 to prepare himself for the next financial hearing.
In the mean time Mr Condelli decides to draft a emergency order to strike down the default judgment so we end up back in court on Aug 22 in front of Judge Kelford.
So this has failed as well Mr. Condelli showed up every time to court prepared to fight the small claims case not to fight the actual reason we were in court for ??????
We go back to court on Aug 23 to see Judge Dubois again and Mr. Condelli is ordered to pay 100.00$ a month until the balance has been paid.
As per usual Mr. Condelli did not pay as the courts ordered so only thing to do is put a lean on his house….