Need some advice on what to do.

fsstnotch · #1 (**permalink**) 08-05-2009, 05:14 AM

About October of last year I sold the motor from my street stock to this person. Thinking he was a friend, I took his old stock motor, w/cracked water jacket, as trade because the buyer of my car had a stock motor rule. I was cool with accepting MONTHLY payments on the remainder of the balance on the motor which was $555. He didn't make a payment on it, didn't make a payment on it, and finally around January I started hounding him about it. Something I shouldn't have had to do if this guy was such a friend. Well, he kept saying, "I'll bring money to you!" for a couple months. I even offered to just give him the money he had paid back and take the motor back. He said, "no, no, no, I will bring you money! I promise the motor will not go into the car until it is paid for." So, fast forward a couple months, it's the start of racing season and this fool has still not paid a dime. Now, I am in Afghanistan, and I go on the Eriez website to find that he ran the car.... I text him and he tells me he ran it with my motor. So now I'm pissed that not only has he not paid a dime for the motor (just the money that the guy that bought my car put in my hand), but he has also ran my motor in his car after telling me there is no way that would happen. He tells me he will take my wife money for the motor. Ok, I'm cool again. they had talked and he agreed AGAIN that he would make monthly payments and that if he missed a payment, I had the right to seize MY property. He brought out $60 a couple weeks and a few badgering texts later, and ran the car the following week at Eriez... it was a ploom of blue smoke because the "dipstick" didn't put the dipstick/tube in it when he installed it in his car. Hasn't paid a dime since late may, early June. He texts me and says he will just return the motor. Great!!! Now we're getting somewhere! So I find a buyer for $500 to get the money HE owes me. Now he won't give it back..... Dude is a joke! Can't be trusted! (CLEARLY) He feels I owe HIM money! LOL For all I know, the motor is junk after he ran it with no dipstick tube, don't even want to know how he knew the right amount of oil was in the motor....

I understand $500 is pretty petty. But I will be getting my money or my motor just for principle. He thinks the whole situation is funny! So what is my best course of action? I was told if I send him a certified letter requesting my property by XXX date and the consequences of not returning my property that I have the right to take his entire racecar to get my property if I so choose. Anybody got an idea? If I have to, I will go back down to a stock next season when I'm home and I will put that fool in the wall every week! But I'd rather not.

SPF2245 · #2 (**permalink**) 08-05-2009, 07:51 AM

Send a certified letter detailing the transaction, the dates of the deal and the final date for payment. Keep copies of his texts (they come in handy in court and show he was aware of the deal). Then take him to small claims court...he won't think it's funny then. Sucks to be in that position and good luck!

trularin · #3 (**permalink**) 08-05-2009, 07:55 AM

Well, you have to either get paid or get the motor back. He can think it is funny all he wants. The fact is, friends do not do that to friends. Your too forking nice and he is NOT a friend.

First, and this has worked for me, when he says he will bring money to you, that is like "the checks in the mail". Say, "No, I'm comming to get it." And go get it.

You may end up in court, but I would get a day he is home and turn up with the equipement to get the money or the motor or both. If I were closer, I'd offer to come along.

It's a bloody shame when people have to deal with other people without principles.

Keep us posted.

rustyBob · #4 (**permalink**) 08-05-2009, 08:33 AM

Do they have a motor "clam"rule in your raceing association? have a friend claim or you claim his motor the next time you race,that will teach him not to mess with you, and put the word out he's not to be trusted that will do more damage than anything else.....

fsstnotch · #5 (**permalink**) 08-05-2009, 08:34 AM

Thanks. ya, very poor judgement on my part. I assumed since he was a racing buddy, my wife has been friends with his fiance for many years and she even hooked them up, and that he is related to family, that he could be trusted.... apparently not!

On a side note, I posted the above on the local dirt forum as a buyer/seller beware. Copied and pasted exactly what is above from the dirt forum to this site. His fiance emailed my wife this morning and said she was contacting her attorney and filing a slander suite!

They can't afford $500 that they owe towards this motor but they can afford an attorney for slander?

fsstnotch · #6 (**permalink**) 08-05-2009, 08:45 AM

"A type of defamation. Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. "

Keywords: UNTRUTHFUL and FALSE

Directly from a text from Rob himself....

"Josh <josh@gmail.com> Wed, Aug 5, 2009 at 8:30 AM
To: 814xxxxxxx@txt.att.net
BECAUSE YOU RAN THE MOTOR!!! UNPAID FOR! You have agreed to terms to PAY for the motor more than once

--------------------------------------------------------------------------------
814xxxxxxx@txt.att.net <814xxxxxxx@txt.att.net> Wed, Aug 5, 2009 at 8:33 AM
To: josh@gmail.com
Yes i did...and im sorry...you offered to give me my money back before...i gave crystal money..then i got laid off..thats not your problem it was mine..."

It's not slander if it's truthful.....

Dan40 · #7 (**permalink**) 08-05-2009, 10:24 AM

Quote:

Originally Posted by fsstnotch

Thanks. ya, very poor judgement on my part. I assumed since he was a racing buddy, my wife has been friends with his fiance for many years and she even hooked them up, and that he is related to family, that he could be trusted.... apparently not!

On a side note, I posted the above on the local dirt forum as a buyer/seller beware. Copied and pasted exactly what is above from the dirt forum to this site. His fiance emailed my wife this morning and said she was contacting her attorney and filing a slander suite!

They can't afford $500 that they owe towards this motor but they can afford an attorney for slander?

Slander suit? Typical meaningless comeback by the chronic deadbeat. File in small claims NOW if you have anything in writing. He will intentionally blow the motor if you give him enough time and then give it back to you.
His defense in small claims WILL be that YOU sold him a bad motor! BET ON IT!

cobra de capell · #8 (**permalink**) 08-05-2009, 10:34 AM

Sounds like a Small Claims Court matter to me. File a claim - get a judgment and go from there.

Selling stuff to friends with a delayed payment is almost as bad as doing business with relatives.

trularin · #9 (**permalink**) 08-05-2009, 10:37 AM

Good call Dan40.

I either give a family member something for free, or they do not get it.

I just hate things like this.

You need to file ASAP. And, make sure you are asking for the money. Tell the judge you heard sand had been poured into the crank case.

Dang.

fsstnotch · #10 (**permalink**) 08-05-2009, 01:05 PM

Well, I got the issue resolved. Apparently he did not like his name smeared in the mud! It wasn't exactly the result i wanted, but I'll live with it. I wouldn't have had a problem winning my small claims, but I settled with him on a $150 refund and i will have the motor picked up on saturday. Upon being inspected and proven to be in good running order, he will get his $150.

I'd say it's a reasonable agreement. That's alot less than he wanted refunded, and $150 is not worth my time in small claims.

rustyBob · #11 (**permalink**) 08-05-2009, 09:09 PM

yeah.... cut your losses and dont ever deal with him again, people like that take advantage of every body they can and usually get away with it.I learned a long time ago" never hire family,and dont sell to a friend" you will take it in the r..r every time.

VRM · #12 (**permalink**) 08-05-2009, 09:16 PM

That really sucks! I have always been the type to do business on a handshake, but I'm really starting to think that it might not be a good idea anymore.
Do we have personal honour in this country anymore?

Steve

Jamo · #13 (**permalink**) 08-05-2009, 09:26 PM

Personally, I would've just waited til you got back and then just beat the sh!t oughtta him.

DAVID GAGNARD · #14 (**permalink**) 08-05-2009, 09:29 PM

Quote:

Selling stuff to friends with a delayed payment is almost as bad as doing business with relatives.

Yes it is, once sold a car to my brother-in-law, never heard the end of it......then I sold a house to my sister, got royally screwed on that one, but, I know, I'm a slow learner.......

Quote:

Do we have personal honour in this country anymore?

Used to, in 1971 I went with my grandfather to a Ford dealer to buy a new car, he made the deal and counted out the money on the hood of the car with the salesman and shook his hand, he and I got in the car and left for home. Later that day the salesman had to get my dad to get my grandfather to sign the bill of sale and title, at first he didn't want to, told my dad
"we shook hands on a deal, that's all I need".......................

David

VRM · #15 (**permalink**) 08-05-2009, 09:38 PM

Quote:

Originally Posted by Jamo

Personally, I would've just waited til you got back and then just beat the sh!t oughtta him.

Would you get in the ring with Mike Tyson for a million dollars? How about for a $500 engine?

fsstnotch · #16 (**permalink**) 08-05-2009, 09:59 PM

Quote:

Originally Posted by VRM

Would you get in the ring with Mike Tyson for a million dollars? How about for a $500 engine?

I'd give up a chunk of ear for a million....

Ya, time to just get it over! I just might see him on the track next season and get my $150 back....

trularin · #17 (**permalink**) 08-06-2009, 09:31 AM

Jamo is our hero.

Jamo, you must be from Detroit.