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small claims court

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Terry

12-26-2003 16:20:47

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Will try to be brief.

Bought 10-20 MD that was advertised on ebay.

When I picked up tractor 500 miles away, found 3 cracks in block.
Worst crack was covered with JB weld, 2 inches wide, 10 inches long.

Seller said he didn't know anything about the cracks.

He said he would give me a good block when they stripped another tractor. {they have a salvage business} Based on this statement, I took the tractor home.

One year has passed, seller has done nothing after numerous phone calls and emails.
I sent him a certified letter and said he had 30 days to respond, and indicate how he was going to resolve the problem. He hasn't responded.

All this was said to me when my brother was present. Nothing is in writing, my mistake.

Do you think I could take the guy to small claims court with any success?

I am not sure how small claims court works when I would be dealing with someone in another state.

I am willing to spend a few bucks to try and resolve the problem.

Any suggestions on how I can get this boozo?

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Dale in Ar.

12-27-2003 18:51:31

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

I agree with some of the others fellows,small claims court will not help in your situation.I do agree that you should go to the the man and confront him,even let others there hear the conversation.As one person said,if he has a business ,contact the Better Business Bureau in that state and it may not hurt to send the Attorney General a note explaining the situation,he may or may not help.I really think you should tell his name and his business's name ,as well as what state he operates in.Because if he operates on e-bay or sells tractor,we should be forwarned and he may read this.Word of mouth can get back to him and when his reputation is made know,he probley will not be in business very much longer.

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Sonny

12-27-2003 11:13:09

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

This jerk sounds a lot like the people who screwed me on a tractor I bought from them up in Canada. Their name is Al and Sharons Tractors. DON'T EVER make the mistake of buying anything from them. They are NO good for their word whatsoever. Post this mans name every time you think of it. The more you post it and tell the story the more of a chance you have of taking care of him.

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John S

12-27-2003 07:27:59

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

Unfortunate things happen, but unfortunatly you waited this long. Next time go through ebay before 30 days to at least make a claim. If I were you I would chock this up as a lesson learned. I like others would like to break a leg but lets get for real. You would be better and cheaper off if you just got another block to fix your tractor. If you get it at a resonable price for kicks you could even send a bill to the guy you bought the tractor from for the block. Alot of small business would even agree to pay for a good block if they are unable to find one for you. If not all of it sometimes they will pay at least partial just to save face. then you would have at least some retrobution.

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Shannon

12-26-2003 21:57:42

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

people like that i put on my ""past due"" customers list and post it in this way....""To our past due customers""... WHEN YOU DIE PLEASE LET US BE YOUR PALLBEARERS,WE'VE CARRIED YOUR @#S THIS LONG, WE MIGHT AS WELL CARRY YOU THE REST OF THE WAY!!

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Ol Chief

12-26-2003 20:49:00

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

Homorous but true and effective.I had an aquaintance whom was not able to collect an $1500 debt by any usual methods.Finally he hired Five of the roughest looking guys he could find.Then rented five well fitting black suits,black fedora hats, white shirts and black ties.He also rented a black stretched limosine and bought some cigars.These guys then drove up to the debtors door and in mass pounded on his door with lots of sound effects.A couple guys were smoking the stoggies and when the occupant came out, the lead spokesman knocked his ashes off on him an asked if the occupant knew Mr.So&So. When he admitted that he did, the thug looking guy said (We understand you owe our friend Mr.So&So some money and we(dink you need to pay up cause we don't want to see nobody get hoet) Using a New York accent.What do you dink happened? My friend got his payment in full next day .

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DENNIS in NC

12-26-2003 20:18:50

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

who is this guy? post his name and address so we can get the word out to the rest of the world to stay far away word of month has power

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Chris Brown

12-26-2003 19:24:18

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

Harvey is right. Small claims is a joke.All you can get is a piece of paper saying he owes you ?$ amount. but you have no way to collect if he doesn't want to pay.,been there done that. Go to him with a witness,a face to face might do the trick. Better yet go to him with your lawyer face to face.Remember to bring the guy who witnessed the original deal. Or hire thugs to break his legs. I just had to say that.

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UNCLE

12-27-2003 05:04:52

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Re: Re: small claims court in reply to Chris Brown, 12-26-2003 19:24:18

Chris, I have a piece of paper from the small claims court that says a certain so and so owes me money, and you say it's a joke? your advice to break his legs does not sound very legal? do you think that i could use your name as a reference? Thanks

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Dieselrider

12-26-2003 18:38:01

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

If you buy something on e-bay and it is not what it is supposed to be you can leave negative feedback. That may not sound like alot but, you can leave alot of it and that will effect his seller rating. Anyone that wants to sell on there lives by that rating. If you want to take it to court I think you'll have to file in the state he is in but, I'm no lawyer. I would think there is probably a way to resolve it but, it may cost more than the price of the engine block in the long run and cover alot of time. You probably should have asked for your money back and walked away, or moved on this sooner. JMHO.

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Rusty Jones

12-28-2003 11:07:11

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Re: Re: small claims court in reply to Dieselrider, 12-26-2003 18:38:01

Say, when are you fellers going to learn the fact that you don't buy something sight-unseen? It may look and sound like a good deal, but with all of the shady shrews out there, you can't trust everybody! My practice is this; If I can't inspect the thing, or even go see it--forget it! And the saying: Pictures don't lie! How do you know the picture is what you want to buy? It may be a picture of a fine piece, but setting out back is what he's going to send to the "sucker!" Another thing--if you can't take the thing the same day you inspect it, try to put a little mark somewhere so you can make sure its the same one you looked at! But keep the mark in an inconspicuous place! There are "Shady Shrews" out there, just waiting to trim the suckers. E-bay seems like a wonderful place to buy and sell things, but from what i've read lately here in these forums, i'm staying out of it! Oh, i open it up once in a while, but not to buy or sell! A friend says it is really great for that, and he's made lots of money from it, but not me--I prefer to meet my buyers and sellers face to face! Motto: Let the buyer beware! Rusty Jones

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Dieselrider

12-28-2003 12:34:38

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Re: Re: Re: small claims court in reply to Rusty Jones, 12-28-2003 11:07:11

I've bought several things off e-bay and all but one small item has been every bit what it was described to be. I just recently sold my first item on there, and I'll try to sell more. If it's not for you then that's your choice but that doesn't mean it's a bad thing because you don't trust people. The chances of finding a bad apple are there but there are those even in face to face deals too.

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jeff

12-26-2003 19:47:11

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Re: Re: small claims court in reply to Dieselrider, 12-26-2003 18:38:01

you are correct, the suit has to be filed within the other persons state/county.

Even if you prevail in the initial judgement,
you must again appear in court to be able
to place a lien, etc against him.

As noted by another, superior court gives you
more power if you prevail, but the cost
is very high as you must be represented
by legal counsel. Figure 10k minimum
as a benchmark.

And yes, I have a legal background...

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Mike (WA)

12-27-2003 08:24:57

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Re: Re: Re: small claims court in reply to jeff, 12-26-2003 19:47:11

The trick is to get the judgment in the first place, as guys like the seller here are adept at lying and most folks are unable to compete with an expert in that department. Once you get the judgment, you can transcribe it to superior court, and record with the county recording office, and it has all the force of a superior court judgment. However, it will only be a lien on real property unless you take the next step, which is to execute the judgment against his personal property. You'll need a lawyer to do that, but you might just select MD related parts to execute agianst, if he has a salvage business. Or you can execute against cash in the till, and time it for the end of the day to maximize the return. In the final analysis, though, the other posters are probably correct in their opinion that this will all probably cost more than its worth. And you do have to do it in his county, not yours.

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Jim in N M

12-26-2003 17:38:14

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

That kind of crap just pi

That kind of stuff just pi$$33 me off. That guy knew what he was doing!! I'd go to that town and find the nastiest lawyer and have him send him a demand letter AND call this guy while I was there.It might cost a couple of bucks,most business's don't like to hve to wast there time in court !! Just my .02cents worth----- Jim in N M

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John K

12-26-2003 22:15:46

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Re: Re: small claims court in reply to Jim in N M , 12-26-2003 17:38:14

Here in Alberta I sold a good ham tower for 300.00 to a guy as is where is and had two other witnesses not related to me. After 4 months the guy wanted his money back because he found a taller one. In the mean time being that he has a brain the size of a BB in a box car, he can't sepperte the sections of the tower as they are nested within each other. A little perserverance and the tower would seperate, but instead he tied one section to a tree another to his pickup and pulled them a paart. He took me small debts court stated that I lied about the towers capabilities and wanted his money back. He also stated that he had to cut one brace to seperate the tower so there was one weld. Well the judge didn't know the differace between a tower and antenna. Ordered me to buy the antenna back for 200.00. Upon getting the tower back, I quit couting the welds at 12. I wouldn't trust the tower now due to the welds and crystalization of the thin metal. With the two witnesses I still lost. It was really a cheap lesson, purty well all my transactions are on paper now with conditions attached ie as is where is and they have to sign it before delivery. Small debt court is a joke. Sorry for the long reply.

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Larry806

12-26-2003 17:37:12

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

Sounds like you delt with BRIAN JENSON in Inwood Manitoba He is the biggest LIER I ever bought from. I put the same tractor back on ebay telling how it really was I got covered up with email from other people he cheated

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12-26-2003 21:59:01

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Re: Re: small claims court in reply to Larry806, 12-26-2003 17:37:12

What was his Ebay name?? I think he is selling under a new name now.

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Larry806

12-27-2003 07:01:01

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Re: Re: Re: small claims court in reply to ej, 12-26-2003 21:59:01

It was Pioneert now I think it is Tracpit I wonder why he keeps changing names???

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Mark in AB

12-26-2003 17:44:29

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Re: Re: small claims court in reply to Larry806, 12-26-2003 17:37:12

I will keep brian jenson in mind, i have bought parts manuals from him in the past..I will avoid any larger deals!

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Mark in AB

12-26-2003 17:23:28

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

I know it's kind of late now, but if you buy something on ebay and are personally going to pick it up, DO NOT send any money. Pay when you pick it up. You would then have leverage to walk away from it or deal a lower price. Even if you paid in advance you could have told the guy to give you your money back or if not, you still should have walked and filed a fraud claim through ebay and paypal if used. Either eat the loss or go see him in person again if you are so inclined. Legally you don't really have anything. Word of mouth contracts are rarely even valid through close relatives. Unless you still have the ebay auction writeup specically stating block is free from cracks - eat the loss. A trip might just end up with a fight.

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bill

12-26-2003 17:23:23

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

I would be timpted to take a couple of BIG friens over and open a couple of LARGE cans of whoop-ass I had to do this once years ago We didnt ever get the can opened before the matter was resolved It was a fellow selling me a M_D that turned out to not belong to him

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Leejon

12-26-2003 17:18:13

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

Have you tried Ebay ? They may help< or at least they will kick him off for further selling.
At least threaten him by giving us his name he will either go broke or give you an engine. After this folks something like this GET It in writing.

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Jonathan

12-26-2003 17:14:02

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

10" long by 2" wide!!, was it running?. I certainly hope you didn't pay very much for it!.

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kraigWY

12-26-2003 17:03:16

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

500 miles ain't far, I'd jump in the truck and go talk to the boy, tell him your there for the engine. Wait tell he loads it, if he is slow talk to his customers as they come in.

I bet a face-face would work out the problem.

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Tick

12-26-2003 16:50:57

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

If he has a business, go to the better business bureau.

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Pete

12-26-2003 16:46:55

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

A lot depends on how much you already have invested in this machine and how much a replacement block would cost. If your time is worth anything, you can't spend much to go after someone in another state on the chance you may win in court.
Consider fixing it and writing off the loss. My opinion, Pete

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Jose

12-26-2003 16:40:25

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Re: small claims court in reply to Terry, 12-26-2003 16:20:47

Wanna buy a bridge? It's old but I'll sell real cheap.

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havvey

12-26-2003 19:12:09

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Re: Re: small claims court in reply to Jose, 12-26-2003 16:40:25

hate to be negative but up hear small claims is a joke the best you can get is a lean on his property that can last for years and do little to settle the problem. Negative feedback will do little the guy will change his name/account if he gets too many. If you have to go to court go to superior or higher not small claims. Best thing to do is send a deposit and go look at it on large items.

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