RE: [DMCForum] Confiscating Cars?

["timnagin" <timnagin@xxxxxxxxxxxxxx>]

I don't know the guy and have never seen the car.  I did find a website
detailing what happened though, of course, the story could have been
fabricated.

In short, and from memory only, Barris et al went up against this guy and
won custody of the car.  Later on it was reportedly re-badged as a "Barris
Kustom" and toured.  A similar thing happened with Black Beauty.  I swear I
would destroy my own car before letting that happen.

There are several people making the Keaton Batmobile now and they are very
protective; some not even mentioning their names and where they live.  Hell,
they don't even refer to it as a Batmobile but a Gotham Cruiser.

I also read about several original destroyed General Lee's being sold to a
group of people.  They had to sign agreements to never profit from the
vehicle's showing.  I would bet the studios could very easily put a halt to
the BTTF cars.

There is a huge difference in making the parts and the replicars for
personal use and making them for profit.

Greg


-----Original Message-----
From: DMCForum@xxxxxxxxxxxxxxx [mailto:DMCForum@xxxxxxxxxxxxxxx] On Behalf
Of Ryan Wright
Sent: Monday, June 19, 2006 7:50 PM
To: DMCForum@xxxxxxxxxxxxxxx
Subject: Re: [DMCForum] Confiscating Cars?

Bob,

On 6/19/06, Bob Brandys <BobB@xxxxxxxxxxxxxx> wrote:
>
>  Yes, they can confiscate cars.  Do some research into the Batmobiles,
>  both old and new.  WB sued a number of people and got their cars.   It
>  comes down to cost.  You just don't have enough money to go up against
>  a big corporation.

Right. That's not "confiscating" the car. That's the owner of the car
running out of money to defend themselves and agreeing to give the car
up.

Even if you don't have the money to defend yourself - they can't
confiscate your car. They can sue you, they can garnish your wages,
they can place a lien against any real estate you may own, but they
can't confiscate your car.

I don't care what the owner of the Batmobile claimed. His words don't
mean a thing; people in lawsuits lie all the time so as to save face
and/or make the other party look bad. A private party simply cannot
confiscate the vehicle of another private party for any reason, except
one: If the party performing the confiscation holds the title to the
car. But then it's called a "repossession", not a "confiscation."

If I take an old Fiero to which I hold the title and turn it into a
Ferrari, Ferrari can't touch that car. They can certainly sue me into
bankruptcy but they can't take the car unless I agree to give it to
them, or are forced to do so by the bankruptcy, but even then Ferrari
doesn't necessarily get the car. The bankruptcy judge will decide
that. It'd likely be sold to the highest bidder and the money sent to
pay my debts.

>  The legal system in the US is based on money.  If you can afford the
>  high priced lawyers and expert? mouthpieces, you win.
>
>  Andy P in NYC had one of the original Batman cars.  WB tried to get it,
>  but it disappeared.  It was on the TV news in NYC.  IT cost Andy $15 k
>  to attempt to defend himself.
>

I'm not going to argue with the above because you're right, that's how
our legal system works.

> The police surrounded andy's building to  confiscate the car.

This is either bullshit, or Andy didn't own the title to the car, or
there were extenuating circumstances whereby WB had a controlling
interest in the car. You can't take someone's car if they are the
legal owner. I'm sure the facts of this story - the actual court
transcripts - will show a valid reason for the car to be confiscated.
You're making it out to be, "Someone built a replica and WB took it
away." It doesn't work like that unless there is another reason for WB
to have some sort of interest in the physical property - the vehicle
the conversion was based on.

-Ryan



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