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The "Ask the Locksmith" Blog!: Ruminations, references, misinformation clarified or corrected, thoughts on the nature of locksmithing, what makes a good locksmith "good"... Questions from customers, customer education, how to hire a locksmith from a position of knowledge... Pending legislation, laws, licenses, business law (California Business & Professions Code as pertains to locksmiths)... Criminal or illegal locksmiths, how to ID them, where to find them, what to do about them, etc.
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Friday, March 24, 2006

Grass Valley, NV Police Blotter... Is it really stealing?

Police Blotter
Grass Valley/Nevada City,CA,USA
March 23, 2006

Nevada County Sheriff's Office

Tuesday

■    At 5:22 p.m., a caller said a locksmith stole the keys to the caller's truck after the caller was unable to pay the locksmith until the end of the month. The sheriff's office advised the caller of civil actions that could be taken.


"...what we've got here is failure to communicate. Some men you just can't reach, so you get what we had here last week which is the way he wants it. Well, he gets it. And I don't like it any more than you men..."

"Captain, Road Prison 36" (Strother Martin) - Cool Hand Luke

In the police blotter case above, lets look at it from a logical POV...

    ■    1.) The customer did NOT have any keys.
    ■    2.) The customer called (contracted with) a locksmith to come out and make new keys for a price.
    ■    3.) Until paid for, the locksmith owned the keys he/she made.
    ■    4.) The customer did not pay for the keys.
    ■    5.) The customer still did not have any keys.


finito

Seems simple enough, doesn't it?

Believe it or not, this happens on an occasional basis. Why a select few "customers" seem to feel that it's ok to "accidentally" forget to tell the locksmith that he/she doesn't actually have any money right now, is beyond me.

Would you go to the grocery store, top off the shopping cart, wheel 'er out the door, and upon being tackled and having your sternum crushed by the knee of a security guard named Tiny, who weighs 350lbs, wheeze: "I get paid at the end of the month, I'll bring it in then, promise."

No.

So why assume it's ok to do it to any service company?

The customer did not have any keys stolen. He didn't have any keys, remember? You can't have something stolen that you don't actually own.

I doubt that any civil actions could be enforced. Any reasonably competent attorney could walk that locksmith right out of a courtroom, and the customer him/herself could conceivably end up being charged with "theft of services" (laws vary by area/county). What is "theft of services"? There are municipalities in the country where it is a misdemeanor (or worse) for any customer to call out (contract with) a locksmith, plumber, electrician, etc., to come do work, only to then call 12 other locksmiths, plumbers, electricians, etc... "just to see who gets there fastest," sending the ones who pull up right after the first on their way. In certain municipalities, customers can be compelled by local law enforcement to pay a service call to each and every service truck that shows up in good faith when pulling that little stunt.

The customer in the police blotter above committed a type of "theft of services". Despite most likely being quoted for the service to be performed, he contracted with the locksmith, not intending to pay him for services rendered. With the exception of corporate types of accounts, locksmithing is a "C.O.D." service. This is common knowledge. While I sympathize with his obviously urgent need to get keys made to his vehicle, he still contracted for services under false pretenses.

You really can't get something for nothing.

A lesson well learned...

Cheers!

Kim

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