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Repo of property

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Biggest John

12-29-2005 21:04:43




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I done a job for a fellow in may 05 and the fellow said the job was faulty. Any way I told him to just pay for the parts, charged to my acount and we are even. Next a fellow "con"tractor is called to do a repair on the unit. The fellow conttractor phoned me and stated that he had priced the job and that customer stated to high, I originally did the work, I gave a cost plus minus labor to the guy. He refuses to pay me a penny ,it has been since may ,all I want are my parts, I hope to repo them over the weekend. Am I out of reason or should I send the guy to Florida and oppologize.

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Davis In SC

12-30-2005 14:12:18




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
Billy gave good advice... There are several people that owe me sums similar to the amount of parts you used. One of them was supposed to be a good friend, I thought... (My Mistake) I realize that I stand almost no chance of getting repaid, but if I try to take things into my own hands, I would probably be having to pay them for a long time.. Rather than letting the anger build up, I just try to channel that energy into things that will benefit me... The deadbeats that gyp others , have to look at themselves in the mirror every day... It may sound "Wimpy", but it is almost always better to take the High Road..

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Billy NY

12-30-2005 13:28:30




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
I have done and once in a while still have thoughts of doing things like you say "is on" when people are jerks about paying legitimate bills, and of course when said and done the way you suggest, it may make you feel better, but you just open another door in an already bad situation instead of creating closure which is what you really want. It's going to turn out badly, and whoever you are, you know this, you're just being pigheaded about it. But, if you are hell bent on doing it, that is great, hopefully it don't escalate into something you are not prepared to deal with, and judging by the amount of time you let pass, you won't be totally prepared for every possible scenario, remember, bullets travel very quickly with no conscience, sometimes without notice, and many times innocent people get in the way. But as I have always thought, if the day ever comes that I had no choice but to resort to last ditch efforts to right a terrible wrong, I'd make sure it made national and or global news, but honestly there ain't much in this world worth doing that for, unless someone did something to a child, family member or relative, and even then, you make yourself an unecessary martyr, because of stubborn and irrational actions, to obtain some satisfaction, which lasts about as long as the pleasure most people get from another favorite activity that keeps the human race kickin ! Oh yeah it's great at the time, but it'll fade quickly, unlike the consequences you might suffer, some of which can be very final. But by all means go ahead and let us know how it goes, that is if we don't read about it on the news 1st. The first mistake you made was posting a thread here, don't think there is no chance of someone finding this thread, it will most likely turn up and you will pay your defense atty. to refute it amongst other things you did foolishly, that is if things don't go completely awry. In essence you have telescoped your moves, with an electronic tag, that can be traced. Pardon my rash thoughts, but you asked pal !

If you are in a business providing a service or do this kind of work on occasion, regardless whether it be for people known to be of good character, even friends or complete unknowns, it is incumbent upon yourself to make sure you have taken all the steps possible to educate yourself on what can happen in the worst case scenario, ( like non-payment ) and all the ways to mitigate it from happening in the first place. I'd rather spend money on an atty. up front to create a document such as an agreement that outlines the terms of the service provided then have to resort to litigation or risk criminal prosecution for seeking satisfaction of an unpaid claim later, because I did not take the interest in reducing my financial risks up front. Up front legal service fees will never equal costs of going to court to resolve a dispute or for being prosecuted for seeking satisfaction vigilante style. It's when people don't do this up front legal work, then get screwed by a non paying customer, they resort to desperation like what you suggest. There is no guarantee that even with a fine tuned agreement that every customer will pay, but right from the beginning, prior to starting work or providing a service, terms are agreed to and dispute resolution is agreed to, UP FRONT, IN WRITING, not 7-8 months later. You have to stay on top of things like this when they occur, be diligent, use uniform documents, keep detailed records, and timeline all correspondence, and efforts to retrieve payment. You have to conclusively demonstrate in a court of law, with hard back up documentation to win, and to be honest, anyone with 1 oz. of smarts can create a very simple system to implement in their business that is user friendly and gets the job done for this purpose, it's common sense by today's standards, as people don't honor handshakes anymore. In business you must establish uniform documents, used specifically for the purpose of your business, service, or whatever it is that you do, especially if indulging in services that have risk of non-payment, what business does'nt ? When you have to file a claim, as said above, you best have your ducks in a row, your I's dotted and your T's crossed ! That is solely for your benefit and although it may be a little extra work, it is very satisfying when it works, case and point I settled a $350,000 claim at $150,000 because I took the time to keep good records, stayed up until 2:00 a.m. the night before the hearing preparing my documents, crunching the numbers, dotting my I's, crossing my T's,. My client was not seemingly defrauded of the excessive amount and the company representatives that filed the claim agreed that my records were better than their own, I am not an atty. and this was settled out of court, my client was a state agency, and had I not done the leg work they would have paid the full amount, people will test you and try to bluff you every chance they get, but if you stay on top of things with good records this is one example that proves my point, and it was no petty amount 12 years ago, nor is it today. This process does not start 8 months later after you finally decide enough is enough, and now you gonna straighten sh.t out you own way, using caveman tactics LOL !!!! If you are doing work off the books, well hey there is an associated risk with a lot of things then, and when there is no records, documents showing meeting of the minds, privity as called in the legal world of contracting, then you have to go into the job knowing you could get screwed easily, because although verbal agreements can be made, off the side, cash deals are risky, and what avenue can one pursue to obtain payment if the customer disputes the work or just fails to pay ? Either you have enough records to put together a claim or you don't, if you don't then what do you do differently the next time you do a job, the same lazy thing that caused this one to escalate into a bad scene ? Figure it out ! Weigh the legitimate cost of the claim you have now, against the stupidity you are about to pursue, now you are out whatever the claim is + the additional cost of your stupidity, and that my friend is carte blanche revolving door, you don't know how it's going to turn out, so it's a gamble, the odds are not in your favor by what you stated, common sense should tell you what to do here. Long time ago, a football coach always told us, "you win games with smarts not brawn" and he was right, your enemies are always best taken by outsmarting and suprising them.( that does not mean performing a vigilante repo. is the answer ! ) You got a wife, kids, people that care about you? If things go really wrong, consider the selfishness of it, especially when they have to suffer through your stupidity as well, all over what seemingly is a petty amount of money and or a piece of iron. You ought to consider these things prior to and move on, you wont't regret it. And uh, have a nice day, HAPPY NEW YEAR !

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NEsota

12-30-2005 11:24:24




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
A number of times I felt that I was wronged and that people owed me money. On one occasion I prevailed in U.S. District Court before a jury in a six day trial. The award after attorney and other costs left me with more than I have ever earned in one year. In another matter my attorney threatened suite and settled for the amount demanded, netting me considerably more than the previous trial result. Two times in small claims court I got almost all that I asked. These “successes” were less than total and sure have not make me heady about using the courts to go after what I thought was mine. There were a number of times that I felt owed and did not pursue recovery very far, because of the risk of compounding the losses by making an unsuccessful effort to collect. Many times the courts just do not get it right. To collect, not only do the facts need to be “clearly” in your favor, you need luck. The old saw, “possession is nine tenths of the law” is paramount. We need to get stung a few times in order to really, really learn this.

The Plaintiff in a Civil matter can stop the proceeding when they get tired of paying attorney fees the Defendant in a Civil or Criminal matter does not enjoy that circumstance. Losses taken due to my not collecting have not changed my life much. The possible results of doing some of the things that I thought about, to those owing me, could have changed it a lot. Sometimes it is best to just let it go and save your energy to play another day. Okay, enough all ready. Happy New Year!

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jhill

12-30-2005 10:25:00




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
I have had this problem before. Sent two bills with a reasonabler time to pay then filled out the paperwork for small claims and sent them a copy with two weeks to pay or I would file. Got my money. A friend who has an auto parts store uses this frequently with good success.



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Coldiron

12-30-2005 09:25:31




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
Biggest John, You didnt mention the amount owed for the materials but if I were in your shoes I would keep all the bills in hand and send him his bill for the amount owed. If he doesnt pay then take him to court. You have to much at stake to do something that may put you out a lot more money in the long run. I learned after costing myself over 20K bucks doing something almost the same way you are talking about doing. Besides that, it is more fun to see the look on their faces in court when the judgement goes against them.

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kyhayman

12-30-2005 06:53:05




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
Two of my friends were in on a deal like this. The one that went to get 'his' parts is in his grave now and the guy he went to get them from is serving 15 to life. Heck of a mess for $2500. Stay home and do it legal.



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Nolan

12-30-2005 03:20:22




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
I'm sure there's more to this story. Especially with you being so cagey with your words.

Since you claim to have bail money covered, you clearly know you will be committing a theft crime when you go steal his property this weekend. While claiming it's a matter of "honesty".



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Benny 2

12-30-2005 01:02:04




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
Everything depends what state the job is and where everything is at. But in MOST states a mechanic on any kind of job has a lein implied on any project produced at the time of end of job. But here lies your problem you realeased the job to the guy. Once released you CANNOT repo the items I asume it is tractor related, you cannot take back the tractor if the parts are inside or you cannot take the parts off the tractor legally. You could be charged with felony theft. Now if you did not make a contract for repayment this also would fall under a straight revolving credit account.
To win in cort you will have to dun him then in 30 days send a overdue demand certified mail. The only legal way to get paid will be to sue in small claims court. You will have to file in the county of the defendents resedence. If you win usualy the court will order payment in full in 21 days (depends on state). If he still wont pay you can garnish his wages or attach his bank account or file a lein on his house.
But be aware if he is receiving an income from the military, SS, or on disability or receives a RailRoad pension you will not be able to attach any moneys he has. So the realestate attachment with a court order is the way to go. It may take a LOOOONG time. So what I would do if file the suit then try to get it to be settled by arbritration IE Judge Judy. Apply to her after you file. Hey that your best shot. Good luck. I been down the road, they just didnt have J Judy when I needed it. Good Luck.
PS Keep the attys out of it unless it is a lot of money!
Benny

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Biiggest John

12-29-2005 21:50:13




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
I was going to retreive the property , or hire it done , then goto the bar room if needed, what grips me is that I was good enough to do no money up front , so I believe I can get my property back , only losing his wear. I am serious that I am going to retrieve the unit over the weekend, It is not a mattter of money, It is honesty. I can honestly take my stuff back. I gaver my wiff 1g for bail. Itis on.

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RN

12-29-2005 23:08:45




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 Re: Repo of property in reply to Biiggest John, 12-29-2005 21:50:13  
To avoid nasty legal hassles-theft and tresspass charges- file a complaint first with the local law. Try a small claims action if practical and have a deputy do process service and maybe repo the property. Even if you don't get paid you aggravate the other party, deny him use of parts and he might pay under court order. Many small claims courts are sympathetic to small business men if they have a previous good reputation. Check his court records- may have previous claims, doesn't look good to magistrate when he say's collect parts or money, deputy goes along to take custody of equipment. If party is no show at hearing and you get a confession of judgement against him you still have to collect- but if you are on the street with the repoed car on the tow truck hook when police respond to a theft call and you have court papers saying the car is now yours as agent for dealer the cops don't want to hear that car was stolen- they'll escort you to dealer lot and tell deliquent purchaser to make a report about garage being broken into- and tell him that false report will get him a stay in jail if he can't prove it. Still have to watch out for shotguns. RN.

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Biggest John

12-30-2005 18:56:06




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 Re: Repo of property in reply to RN, 12-29-2005 23:08:45  
Thanks I can understand your thinking. It would only comfort me to see my property reclaimed and then I am sure this person will call on others whom may not be so ignorant as I "kindness and patience" , more aggressive to retreve accounts recievable. This is an ever growing problem and it is easier to con the little man than a large corp. Another fellow told me to write it off on my taxes. Augh heck you don't need the money. I go to walmart i have to pay before I leave, tomorrow I am going to a local super center get 1000$ worth of goods and see if the will let me leave. Wish me luck but I foresee no success yet.

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Ken Crisman

12-29-2005 21:35:31




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 Re: Repo of property in reply to Biggest John, 12-29-2005 21:04:43  
You might as well wipe with any paper you plan on writing on . Count it as a bad experience & a good lesson . I've been down that road a few times myself . Even if the courts rule in your favor that doesn't mean you'll get your money .Myself & a couple others in this area had to go belly up from none paying deadbeats like that .Happy New Year . ken



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Biggest John

12-30-2005 18:45:45




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 Re: Repo of property in reply to Ken Crisman, 12-29-2005 21:35:31  
Ken, I agree with you, I have filed small claims before gone to court to get a decision of 1/2 what should be coming to me. It is fair for a judge to give half because then in the eyes of others they too are 1/2 right or wrong. To all others , My business was born in 1976. This particular person called stated he was in dire need , I bailed him out. After sending several invoices, he called one night threatened to whip my toosh. All others, would this not rev you up a bit, he is the one that owes me. Also as far a an electronic reference, I have a clean record except I got a ticket last spring for expired tags, later dismissed after I proved payment and reciept. My warning to all, contract or not if a guy is gonna beat you, and will lie you are beat. I am now to the point of playing "games " with this fellow. I will take some advice and see my attorney Tuesday, I am willing to spend what I may lose to see this fellow sweat some, he may not even care. I realize everyone has a skeleton in their closet, so I hope to find his. I also know being kind hearted will get you poor. To all whom sychoanolized me to be wrong I hope this never happens to you. But it will then you will be upset also, and in my opinion yuo should . But maybe you will feel better to put on a nice relaxing CD of the ocean and listen to it for a while to fell refreshed, you still got screwed. I am gonna get some satisfaction. As far as ending up shot over this I doubt it, I sincerely believe in the constitution and the second amendment. But where does it say in the constitution that a self proclaimed "good willed " person should let his fellow country man abuse him, I pay my bills so should others. That"s the way it is.

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Coldiron

12-30-2005 19:37:42




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 Re: Repo of property in reply to Biggest John, 12-30-2005 18:45:45  
Biggest John, Glad that you are gonna follow your lead and try to make him sweat over how he is gonna spend his money on a lawyer and hopefully will still have to pay you for your inventory. Just dont get yourself into trouble like I did and lose a bundle in the end. T`aint worth it. You will end up with smiles when it is all over and end up saying "Gotcha".



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