I need a lawyer and some advice....

[MikeYork5]

You didn't pay him the entire amount on the engine, did you? If so, oh NO. If not depending on the amount is within the small calims court limits for the state, maybe pursue through small claims court (a relatively painless and quick procedure). Or if the amount is a more substantial amount, you may want to go through the legal system with a lawyer. Also, a lien aginst his business (name) is a good idea, do it!

 

[FJRocket]

You didn't pay him the entire amount on the engine, did you?  If so, oh NO. If not depending on the amount is within the small calims court limits for the state, maybe pursue through small claims court (a relatively painless and quick procedure).  Or if the amount is a more substantial amount, you may want to go through the legal system with a lawyer.  Also, a lien aginst his business (name) is a good idea, do it!

No, he got 2/3's then dicked me around for about 8 months before I said NYET, give me my money back, please.

Yeah, I called an attorney down there this AM. Ooops. Called the bad guy's attorney. Well, it wasn't a binding deal between them yet. The attorney told me he had a conflict and couldn't really help me because he had a preliminary discussion about the problem with the other guy. He said perhaps he'd get a chance to meet me some day (in court) but he wasn't sure he was even going to get involved. I took that as a positive sign.

Still would like another referral for an attorney in the Mooresville, NC area.

The saga continues....

But I'm not waiting... I'm going riding!! Man, SPRING HAS SPRUNG!!!!

 

[Windjammer]

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.

I had a judgement in my favor. ****** had 30 days to pay and didn't. Sheriff will only act to collect the debt after the 30 day refusal, a request in writing and prepayment of their fee from me, plus I was required to give them the location of assets that they could collect. All of that was legal and within the court's instructions to me.

You are correct about the bank, it could have cost them, and it was against the law. After I explained the story of ****** to the girl at the bank, she decided to break the rules and give me the info I needed. She made me promise not to divulge her name, and I never did. No one EVER asked me how I came by his account number. I was lucky, but I was lucky because I asked the right questions of the right people, and I was in the right place at the right time. 50% of luck is just showing up. You never know which scrap of information will help you. I never would have thought calling his bank would help, I just took a leap of faith and it paid off.

Sometimes there's more to law than what's legal. I certainly make no promise that anyone in similar circumstances would be fortunate enough to get the same lucky result. But you'll never know if you never try.

 

[FJRocket]

Thanks for that explanation, WJ!

Wonder if I can get any of that bank information during discovery? I paid him extra to install a cold air indcution system on the engine. We'd want to see his books to check and see if he actually ordered and paid for engine parts and accessories. Certainly would be good to know how bad condition his business is really in.

And the wheel grinds along slowly....

 

[Mike-H]

FJRocket....sorry for your luck...unfortunately my credentials are not recognized south of the border...I wish you the best of luck...Mike

 

[Fencer]

I had a similar problem business to business in Nov 05.

I ordered over $30,000 in lumber in Sept from an ****** in GA I'm in AL. Come Nov I have $5,000 worth of product, Had sent a $10,000 Dep. and have employees sitting on there *** cause they have nothing to work with and an unhappy (but very cool & understanding) cust. Long story short I was able to get the balance of my dep back. I called a few lawyers to sue about lost wages and profits I est around $12-15,000. One would say I needed a GA Lawyer the Ga lawyer said I needed an AL Lawyer. A Lawyer with both Creds wasn't interested. I let the issue drop because it would end up costing me (fees) more than what I would get in a suit. That dic_head cost me the price of my FJ :angry:

I would love to give a little street justice to this piece of crap. I hope you get yours.

I've thought about dragging him before Judge Judy and letting her rail on his *** for sorry business practices

Appearrantly the lawyer you will need is going to depend upon where you contracted the deal. If you did it in NC you will have to travel and it will cost you more money to go back and forth for delay tactics (lawyers LOVE to reschedule)until it costs you more money to pursue the suit than letting it drop. I hope you did the deal where you live so it will cost the ******* money to travel and get an out of state lawyer he doesn't know.

Best of luck to you

 

[FJRocket]

Regrettably, the deal started in KY, and I live in IN. Now the turkey moved the business to NC, which is one of the reasons I bailed on the deal.

Yep, you are right about the fees and my costs. But I still have to take steps to keep pressure on the guy. He evidently isn't going to do anything "the right way", so I'm just going to keep my fraud claims going, and at least get an attorney down in his baliwick to send him a little letter.

It's a shame that I am the one getting ****** here, but I have to jump through hoops at HIS end, which is about a 10 hour drive, or a 5 hour flight from where I live.

I was hoping I could sue him in his home town where the problem first started, but the KY Attorney Generals office said NYET, has to be where the guy is located.

In the mean time, I'm trying to give the guys as much bad press as I can.

I think this is going to drag on for a LONG time....

Thanks for sharing, Fencer!