I need a lawyer and some advice....

[FJRocket]

I feel that I'm the victim of fraud. I paid a guy a bunch of money to build a custom aircraft engine for me. This started January '05. After he missed a few deadlines... nearly 10 months after depositing the money with him, and 7 months passed the agreed completion date, I asked for my money back.

It's a long sad story, but suffice to say this has been hanging over my head for months, and I'm really honked off. I'm afraid if I push too hard, he'll just close his little corporation and walk away. If I don't push hard enough, he'll just **** everyone that comes along. And really, since I've already purchased an engine somewhere else, I just want the best chance to get my money back.

So I'm looking for advice. Particularly, since he's more than 30 days passed my requested refund date, I think it constitutes fraud. I've filed a fraud complaint with the USPS, and have the paperwork to do the same in the state of NC. But hat doesn't get my money back. He doesn't seem to care about the fraud charges, anyway. Of course he doesn't see it that way.

It's a shame. I've been asking politely for my money back since November. I had asked him politely to complete the engine for me since the first deadline. I've tried to be patient and nice. Shame on me?

You know, the aviation community is like this board, and ALL the FJR owners I have met. Almost everyone you meet wants to help you out, do the right thing. It's a community, a family of sorts, the vast majority of which are hard working, honest folks sharing common interest and some common goals and ethics. Most pilots, whether the ride an FJR or fly a plane, are just good decent and reliable folks. Not this guy.

He keeps telling me that he has to sell "my engine" before he'll give me my money back. I keep telling him that a pile some unassembled parts, that aren't even complete, don't constitute an engine. I've told him that if he actually had an engine to sell, I would already own it. And now I tell him that if he had an engine to sell at this point, it wouldn't matter anyway, it's not an issue. He missed the final deadline and I formally requested the money back. Sheesh, it's not like I didn't give him 6 or 8 chances to get the thing finished, and now he's had about 6 months to gather the funds and pay me back. Doesn't look too good, does it?

Anyone want to offer some guidance? Anybody recommend a good attorney in the Lake Norman area? I don't think this guy is going to give my money up unless I squeeze hard. It's just not right, and I'm tired of being nice.

 

[slapnpop]

Was there a written agreement? If so, was any timeline part of the agreement?

Are these parts custom ordered, or standard parts he uses to build engines? I know engine stuff for cars varies wildly, but I'm not familiar with the aircraft stuff.

How long should this process take in man-hours? assuming he has all the parts, you could show neglect if he only needed a few work days to assemble the engine, and has been sitting on his ***.

 

[gr8eyes]

I fear the money is already spent and he has no compunction to pay it back. He's vermin in the way he does business. Its fraud pure and simple. He flat doesn't care.

Glenn

 

[smitty141]

WOW Matt, sorry to hear of your troubles with this guy... I hope you have a written contract showing dates ect. Good luck, Smitty

 

[FJRocket]

Was there a written agreement?  If so, was any timeline part of the agreement?
Are these parts custom ordered, or standard parts he uses to build engines? I know engine stuff for cars varies wildly, but I'm not familiar with the aircraft stuff.

How long should this process take in man-hours? assuming he has all the parts, you could show neglect if he only needed a few work days to assemble the engine, and has been sitting on his ***.

Yep, it's in writing. Unfortunately, no penalty clause.

No custom parts, some parts he modifies himself. Not rocket science here. Lycoming engine parts are pretty common. Even the high performance parts don't take 10 months.

I don't think he ever got all the parts. I'm sure he blew my money trying to finish other projects. When this problem was coming to a head, I asked to come down and SEE and TOUCH my engine. He evaded the request.

 

[FJRocket]

I fear the money is already spent and he has no compunction to pay it back. He's vermin in the way he does business. Its fraud pure and simple.  He flat doesn't care.
Glenn

That's pretty much how I see it, too. He's blown my money on other projects. Guess I wasn't the squeakiest wheel. Now I'm left holding the bag, which should have a pile of money in it, instead of empty promises.

He's already told me once he was sending the money back, and he didn't.

Sad thing is, his silent partner in the corporation is a mulitmillionaire. I think one guy is the worthless chump, and the other has more money and considers my problem a minor blip.

 

[fjrchooser]

I think I would get a lawyer's advice before making too much noise about this in the airplane community and alerting this guy.

I had something similar happen with a race engine and the guy simply closed up shop.

Eventually caught him at the shop months later , collected my stuff only to have to finish it up at home myself.

At least I wasn't completely screwed though chasing him down wasted a lot of my time and created more stress than I bargained for.

 

[MCRIDER007]

So I'm looking for advice. Particularly, since he's more than 30 days passed my requested refund date, I think it constitutes fraud.

I don't think what you are describing is fraud unless he took your money and never had any intention of building your engine. It sounds more like breach of contract and you are going to have to sue him in civil court and if you win -- then find a way to collect -- which might be difficult if he closes his business -- but you can put liens on any property he has and maybe get something someday.

 

[ionbeam]

I need a lawyer and some advice....I feel that I'm the victim of fraud

You are exactly correct, you need a small claims lawyer. You have rights. You have entered into either a written or verbal contract to have work done. You gave the (******) money with expectations that he would provide services that he hasn't performed in a timely manor.

To help your self (everyone listen here) you need solid records of all communications. Written records rule! Keep records of all contacts no matter if they are phone, written or email. Dates, content -- I said, he said and FOLLOW UP are paramount. Did you have any agreements about WHAT was to be done? WHEN it was to be completed? HOW it should be when completed? WHAT you expect the finished product to look/perform/act like? Were you clear? Did the ****** agree?

Find a lawyer and fry his butt in court. You have a case. He can't legally run, you can have a lien put on anything he may own or ever own.

Remember what you paid for this advice. You get what you paid for :lol: (But, basically I'm correct.)

 

[jrd14]

Matt,

Once you successfully sue him, find that you can't collect, then get a lein, I think a couple dozen bikers should show up at his place and put the fear of GOD in him. It probably will not help in getting your money but it might just give you some satisfaction which is probably all you will get out of this deadbeat. I'll have my FJR ready to go, just let me know when we're going to Lake Norman.

 

[zzkenoman]

So I'm looking for advice. Particularly, since he's more than 30 days passed my requested refund date, I think it constitutes fraud.

I don't think what you are describing is fraud unless he took your money and never had any intention of building your engine. It sounds more like breach of contract and you are going to have to sue him in civil court and if you win -- then find a way to collect -- which might be difficult if he closes his business -- but you can put liens on any property he has and maybe get something someday.

+1 on putting a lien on his business...that will make him absolutely jump...for the good I hope. Get a lawyer, by the way where is lake norman?

 

[twowheelnut]

Not sure a customer can lien a business - it's usually the other way round, i.e. mechanic's lien and such.

Sorry dude, get a lawyer or a guy named, Vinnie, quick. Oh, and don't screw around with this guy, go after his silent partner.

 

[exskibum]

So I'm looking for advice. Particularly, since he's more than 30 days passed my requested refund date, I think it constitutes fraud.

I don't think what you are describing is fraud unless he took your money and never had any intention of building your engine. It sounds more like breach of contract and you are going to have to sue him in civil court and if you win -- then find a way to collect -- which might be difficult if he closes his business -- but you can put liens on any property he has and maybe get something someday.

Here's the best advice given in response to what you asked. Not much else for me to add, except that it looks to this lawyer like it was written by another lawyer.

 

[Windjammer]

If you have copies of any canceled checks that he cashed, see if the name of his bank is on them anywhere.

I won a small claim against a guy some years back, and he refused to pay. I looked at my canceled check, called his bank and told my sob story to the nice girl at the bank, and she discreetly passed along his account number. Two days later the Sherriff showed up at his bank and made a nice little withdrawal, covering my judgement plus a little for their hassle. Bet he was surprised, but he deserved to lose, he was an ****** same as your guy.

Try to find some assets before you sue. Not sure how much you gave this guy, but maybe a PI could find where the money is. No point spending money on a lawyer to try squeezing blood out of a turnip. TWN is right, target the silent partner if possible.

 

[odot]

Is the engine supposed to be legal? I mean, airworthy? If this is all for fun and games, I think you are screwed. Otherwise, if it's a repair shop....contact your local F.A.A. office. They may have some say in whether this clown should be working on aircraft engines and what-not. Does this clown have a repair station number? All shops that repair parts have to be certified by the F.A.A.

 

[FJRocket]

To help your self (everyone listen here) you need solid records of all communications. Written records rule! Keep records of all contacts no matter if they are phone, written or email. Dates, content -- I said, he said and FOLLOW UP are paramount. Did you have any agreements about WHAT was to be done? WHEN it was to be completed? HOW it should be when completed? WHAT you expect the finished product to look/perform/act like? Were you clear? Did the ****** agree?

Yes, yes, Yes and YES. I have all that stuff. In fact, when I could see the writing on the wall back in September, I stopped having conversations with the guy over the phone. I have dozens of emails and the written agreement. Getting copies of the cancelled checks.

Already talked to two lawyers here in Indiana. Doesn't really help me in NC, though.

This isn't small claims, BTW, this is a fairly substantial amount of money.

 

[FJRocket]

Is the engine supposed to be legal?  I mean, airworthy?  If this is all for fun and games, I think you are screwed.  Otherwise,  if it's a repair shop....contact your local F.A.A. office.  They may have some say in whether this clown should be working on aircraft engines and what-not.  Does this clown have a repair station number?  All shops that repair parts have to be certified by the F.A.A.

I thought about that. It's an experimental aircraft, and an experimental engine. The FAA doesn't really care who builds it or how it's made. That resposibility lies with me.

OK, sounds to me perhaps that maybe my fraud claim is thin, but it certainly is a breach of contract. I'm still pursuing the fraud, I'll let the postal service and North Carolina Attorney General's office make that judgement call.

Anyone know a good attorney around Lake Norman? I can get a referral from my attorneys, or just do a google search. Thought perhaps someone might know someone who knows a guy...

Yeah, it's a tough problem. Blood from a turnip is right. I'm sure the gazilionaire silent partner insisted on a corporation to protect his assets from ******'s *** sets.

 

[Bounce]

I looked at my canceled check, called his bank and told my sob story to the nice girl at the bank, and she discreetly passed along his account number. Two days later the Sherriff showed up at his bank and made a nice little withdrawal, covering my judgement plus a little for their hassle. Bet he was surprised, but he deserved to lose, he was an ****** same as your guy.

That can cost the bank their business as it's against federal law. Don't expect it to happen anywhere else. At the very least the bank could be fined and the teller fired. You don't mention if the Sheriff even had a court order to act.

The advice about not taking legal advice from the Internet is the best advice seen in this thread. Get a lawyer.

 

[Sherman]

I'd call the EAA.