The Jalopy Journal
Discussion in 'The Hokey Ass Message Board' started by hillbilly4008, Sep 7, 2010.
Put it in his driveway. Done.
resell it and pay him back what he paid you.
Im in Upstate NY, he's somewhere in SW Pennsylvania. And at this point i wouldnt deliver at any cost.
You can't sell it, It doesn't belong to you, because you accepted money from him.
Notify him [by registered mail] that you are now charging him for storage ,and if he doesn't pick up the goods [and pay for the storage] the goods will be sold to defray expenses.
A public notice in the newspaper helps [ it becomes public records ]
normally excess funds recovered should to be returned to the purchaser [ so make sure the storage costs are plenty ]
You only need to sell it for enough to cover storage as you've already been paid for the goods.
This guy is right !!! From what I have read, 1 percent of the hambers have 99 percent of the brains., start a paper trail and then charge for storage, find out what is legal in your area concerning a lein sale. This is the best and legal way to do it. The guy can most likely legally lose this to you for the cost / non payment of storage. good luck !!!!!!
I have a '58 VW Cabriolet under my carport I traded off two years ago this coming December. It's taking up valuable space. I know it's absurd. I also know it is not mine, so I will treat it better than mine until the owner comes to get it. A clear conscience is worth scabs and scars. Legal advice beats impulsive behavior by a fine, a judgment, court costs, legal fees and a bad taste in your mouth. Get legal advice. Add that to your list of charges. The law can be like a little dog. Just when you least expect, it bites you in the ass. Cover it in paper.
Similar thing happened to me a few years ago. Turns out the guy who bought the stuff passed away a day after the transaction and his wife didn't know about the items he purchased. It was only after I tracked him down did I find out and was able to deliver the goods to a grateful family.
Keep looking. You'll find the guy.
check your local laws if not done correctly you can be liable for damages. the proceedure is fairly easy mostly notification via cert mail , proper time period,
then you own it
Maybe he planned on being divorced by now, and it just hasn't happened yet.
Actually I do have a reciept and cops dont settle civil problems and recomend you go thru the channels of suing whom ever and I did go to retrieve the engine when I was suppose to and he hadnt finished his part of the deal and hadnt recieved the heads back from his machinist....so I said fine I will be back in a couple of weeks and when back and he was gone and wouldnt be back for 2 weeks so I waited and contacted him and he had installed it in his 32 coupe and shit has been down hill from there and he promised another motor he had in replace of the one I bought...sure I would love to take matters into my own hands, but in California the bond to get out of jail is 50,000 dollars and about 15,000 more for a attorney...so I am glad I didnt deal with it they way I wanted to...how ever what I have done so far is much more worse than kicking this weasels ass and let him spend the money defending a felony and theft buy banking and wire service..internet...the feds get real pissed when you mess with their money services and put you in jail, because it falls in with bank robbery and fraud...and makes it hard for honest people to make transactions. So dont defend a thief and it hurts everyone on here and its pretty sad when real car guys cant make deals without the ability to trust anyone and yes as I said I have reciept and all of the email trails and phone calls the whole works. I am sure its happened to many people on here who cant afford to have it happen to them. now I can afford to lose the money, but if this scumbag gets away with it, he is going to do it again and maybe next time to wone of your friends or someone else. I do understand what your saying and I love Cars and guns and other things, but money is not worth spending a day in jail for some piece of crap and I will catch up to him sooner or later after the feds have their way with him. all of this is not worth it and I have already spent more time dealing with this than it is worth. I am sure you really dont condone some thief and really believe differently on whats right and wrong..if you make a deal stick with it, nothing replaces your honor and sooner or later it does catch up to you. So you may think your a tough guy and would have dealt with this your way, well man, I am a tough guy and like I said nothing is measured , by kicking someones ass that deserves it, but in the end the loser gets off and you go to jail...no way! And I am not asking you to change your opinion on how business is supposed to be handled or whats ethical. Besides you dont know me and I dont know you...so dont judge anyone until you meet them or know them. And Brad this kind of shit happens everyday to people who trust people. By the way all of this was told to me by a lawyer and it doesnt matter if you notify someone, they can still come back and take a run at you up to five year and even after that, but this was a crime and that is different...no time limit....Have nice day Brad...be cool...thx Gman
Just be up front and honest with the guy. Tell him you need the garage space and you are going to put it outside in storage, in a fenced in area and tell him what the daily storage is going to cost. What else can you do?
I'm a lawyer and I'm amazed by all the "legal" advice you've been given. The pragmatic answer is sell the car and pocket the money. If he ever shows up, he can sue you for the value (not the car). He'll have to prove up he bought it and was diligent in collecting it and you were blocking him. If you don't want to play hardball, give him a refund on demand after deducting reasonable storage charges. No notice is required, he can assumed to know storage would not be free forever.
Take all reasonable steps to contact the guy. Start with e-bay, explain the situation to them, and ask for his his name and address. Keep all the correspondence. If e-bay are unwilling or unable to identify the buyer, you have no further recourse, and you have done all you can. If you get a name and address, contact the guy by registered mail. Also check if he is in prison, or has died, again do it all in writing. If all that fails, sell it to someone else. If the guy surfaces in the future, you can stand up in court and say you took every reasonable step to try to contact the buyer, but was unable to do so. The judge will agree, provided you are very careful, act in good faith, and are methodical about it. You will then have to give the buyer his money back, but that should not be a problem.
Tag Line for sale!!
What year willy's and when can I pick it up Sorry Ive been out of town .
Take time to check with the law before doing any of the helpful suggestions. Do what they suggest and move on. This subject has been on the forum here many times and always a lot of arm chair lawyers giving ask for advice. Watch out for that pay-pal situation if he paid that way, they are ruthless m.f.'s. Good luck man. ~Sololobo~
Lookie here,free legal advice from a lawyer.If you've ever been involeved in civil cases you'll know this is what'll happen.
Make sure there is a paper trail.......contact Paypal
C,Y,A !! maybe contact a lawyer its too easy to sue someone these days ,,just my opinon .
rbmain gives good advice. GO SEE A LAWYER.
I have cars in my field that have been sold over six years ago on e-bay. I don't feel bad at all about reselling them. I have stayed around the house waiting for people to show up on the weekends only to have no shows. I am older and much crankier now and don't have the tolerance for dumbass people. These are the same people that will text or take a cell phone call while I using my time to show or help them. I say sell the car again and if he ever shows up kick his ass for being a dipshit. Good luck Ron
Good luck with your situation as this is the sad and bad part of our otherwise fruitfull used parts bartering. I bought some parts last year from a fellow HAMBer and all went great but he shared with me his buisness philoshpy of he told me after we had agreed on a price that he took paypal or money order but either way that if he did not have payment in 3 buisness days that we were no longer able to do buisness, now or in the future, and in the event of a part to be picked up you have two weeks, a reasonable time frame. I was inspired because I too have been BS on several sites including the HAMB! Most deals went excellent here but I have found that adopting the 3 days/2 weeks rule has weeded out the tire kickers. In fact I try to sell here before evil bay as it is truly a snake pit! And I must say the few things I didn't sell here I did sell on evil bay quickly and with out incident. I like to think the HAMB guys are above the average in honest transactions. I met several HAMBers at the HAMB Drags to buy and sell parts that had been done previously paid for and even a relay thrown in the mix, all went excellent and met some knew wonderful HAMB folks to boot. Good luck with your problem and guys, I know we all get the rage to make things just and right, but your life and your loved ones should not be interupted for a few $$, think about that as you lay your head down in your pillow tonite and not some bunk with your ass to the wall!!
Well i finally tracked down this guys email adress and shipping adress thanks to paypal customer service. they were reluctant to give me any information at first.
I attempted to call him on his house phone again today, no ring goes straight to machine. I sent an email stating he has 30 days from today to get it or he forfiets. I also typed up a detailed letter stating purchase date, and stated he has 30 days. Got it notorized, then sent it to him certified mail.
I'll let y'all know how it turns out. Keep an eye in the classifieds for this in about 29 days....
Well done Hillbilly.
Give the guy every chance, you have done the right thing in every way, and he has absolutely no comeback.
sounds like you covered the bases lets hope he gets his act together soon.
guys like this are why some adds are starting to look like a legal form with all the lawyer-lingo.
I had to do something similar. It was a job not paid for then abandoned. If I'd gone the abandoned route I would have to push it out on the street and forfiet my labor/storage cost. I got a shyster and had a real formal letter forwarded certified and a copy regular mail, niether came back so he got em. Had to take out an ad in the personals in the local paper. I had to post in 3 locations an auction notice and have an auction. The notices were posted in the local gas station, grocery store and restaurant. The day came, nobody showed for the auction, car was mine, applied for a title and sold it. That was 2yrs ago. A 56 Belair 2dr ht. Sold to the 1st guy out. No worries, no pain. You're on the right track.
Best advice of the whole thread here. Absolve yourself of this bozo and move on. What recourse does he have if he get's his money back? NONE.
Well its paid for so you won't loose a thing by giving it to me. I'll get ahold of BenD and have him pick it up for me.
I guess if there was no agreement you are storing it for him indefinately. I think that a reasonable amount of time has passed notify him and start charging him storage.
thats the thing, i got no room for this thing. And i refuse to put it out in the elements. Just not fair to the body.
The company I work for has to deal with this on a regular basis. We do some repair work. If the customer does not pick it up in 30 days from completion we send a registered letter. 99% of the time it comes back undeliverable. If it comes back we can legally sell the item. As long as you sent a certified letter your covered by the court of law and you can resell it.
Separate names with a comma.