TheSkrich Posted April 28, 2005 Share Posted April 28, 2005 Ok. Some of you might remember a while back I bought a "448 chevy" a while back. Heres the link to the previous post Post. Anyway the motor turned out to be nothing he said it was and it was blown. The only sort of paper trail i have for it is a peice of paper with the motor specs on it wrote by the seller{Dan Hoppel}. I paid in cash DO'H. But I do have a witness{Tim} who counted the money and witnessed the transaction and claims of the seller. My questions are: 1 What are my odds of getting my money back if i take him to court? 2. How do I go about it? Quote Link to comment Share on other sites More sharing options...
Mike kZ Posted April 28, 2005 Share Posted April 28, 2005 I would try! You need to go to small claims court ( $1500 or under) .Print out your post w/pics, take picks with you, any ad you have, your witness, and the piece of paper from the seller, also any emails with the seller. The big question is did the seller state "as is" ? Even if he did, he did mis-represent the motor, I think you could win. Quote Link to comment Share on other sites More sharing options...
dr_hunt Posted April 28, 2005 Share Posted April 28, 2005 I wouldn't try IMHO. There is enough negative crap in my life already to worry about that as well, kind of like the wife taking off with loads of cash, if it makes them happy, then let them have it, they'll have their day. If you think that courts will vindicate you, your wrong, if you win, you'll end up with a judgement that you then have to try to collect. Good luck, my guess is that this guy doesn't have anything worth getting even if you could get it. A writ of execution could be served, but the law doesn't like to do that anymore, causes too many confrontations. Invite him over to your house to look at a motor and have several buddies there, whip his *** but good and have your buddies swear that he started it, always works for me. Don't get me wrong, I'd kick some *** if I had to, but you'd better move on. Salvage what you can and build a 400sbc or derivative thereof. Life is too short to deal with morons, be positive and move positive and learn from the mistake you just made. Quote Link to comment Share on other sites More sharing options...
cygnusx1 Posted April 28, 2005 Share Posted April 28, 2005 ...Invite him over to your house to look at a motor and have several buddies there' date=' whip his *** but good and have your buddies swear that he started it, always works for me.[/quote'] Sounds like good legal advice to me. That should put the Lawyer in his place but how does this get you revenge at the crook? Quote Link to comment Share on other sites More sharing options...
Mikelly Posted April 28, 2005 Share Posted April 28, 2005 I beg to differ... I've had a few instances where I took folks to small claims court and I've always won... If you get your documentation together, have your facts straight, and dress and act professionally, checking the ego and emotion at the door, you'll be surprised how well you'll do... And when the judgement is handed down, ask for employer garnishment, stating that the defendant has been difficult enough to deal with... Let the courts set how the defendant should pay, and sometimes they will act as the broker... Defendant pays county, county cuts you a check... Makes it hard for him to skip out... Also makes it real easy for dumbass defendant to end up in jail if he does skip out. Mike Quote Link to comment Share on other sites More sharing options...
COZY Z COLE Posted April 28, 2005 Share Posted April 28, 2005 I agree with Mike and if you want to claim the loss on your federal income tax you need proof of your actions to get the money from him and small claims court is the route to take if you don't get anything from him... LARRY Quote Link to comment Share on other sites More sharing options...
TheSkrich Posted April 28, 2005 Author Share Posted April 28, 2005 Mike kZ- He did not say "as is", it was supposed to be "ready to run". dr_hunt- the asskicking sounds like a good idea, I got some big boys in my family. The way I got it figured is hes paying the money out one way or another, whether it be medical bills or car repair after I return the block in a manner of my choosing. Also I can't just let that money go as I am out of a job right now. Besides that, the 900 dollars represented 115 hours of work for me. Im willing to spend a few hours hassleing him to get those hours back. Mikelly- I was going to PM you if I didnt get a response. I was looking forward to hearing from you as I have stalked you around the forum and read enough of your post to realize your wisdom in the judicial system. Quote Link to comment Share on other sites More sharing options...
Guest tony78_280z Posted April 28, 2005 Share Posted April 28, 2005 Sounds like good legal advice to me. That should put the Lawyer in his place but how does this get you revenge at the crook?OFG That was funny. I wonder how many of y'all didn't get that one. Quote Link to comment Share on other sites More sharing options...
sjhafa Posted April 29, 2005 Share Posted April 29, 2005 Just remember small claims court cost $ just to file. So if you do not have all your ducks in a row you will be out even more money. If you do go to court don't act like Matlock in front of the Judge. They will dislike you from the get go and its an uphill battle all the way. I have to go with Dr Hunt on this one. Get on with your project and chalk this up to a lesson learned. The courts are already screwed up, believe me I know. Quote Link to comment Share on other sites More sharing options...
Cody 82 ZXT Posted April 29, 2005 Share Posted April 29, 2005 OFG That was funny. I wonder how many of y'all didn't get that one. That was a good one. Quote Link to comment Share on other sites More sharing options...
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