Small Claims Court

ArrestMeRedZ28 · 09-24-2007, 01:51 AM

Ok, so I purchased my car in like early July. Part of the deal with the car was that the previous owner was going to replace the windshield.

The Online Ad (I have a saved html) states:

The windshield does have a large crack in it, but I will be taking care of that within the next few weeks.

PM from Me to him.

Windshield in? Headers on? I'd still like to pick it up monday, if you don't have the windshield on we can deduct it from the purchase price or you can pay to have the windshield put in when the/a shop gets it in stock.

This is getting ridiculous though, I've had a deposit down on it for a month and I don't have a receipt of deposit or anything.

Let me know / give me a call or I'll call you.

I work from 5 till 11 tonight and I work at 4:15 tomorrow so I won't answer the phone between those times. I go in Monday at 5:15.

His Reply

I asked if you wanted a receipt for the deposit, but you declined. I asked you when you showed up at work, so don't get mad at me for you not having a receipt

I was going to finish up the header today, but I was too busy at work. I'm going to try to do it tomorrow.

I still don't have any fucking place with a windshield (I mean really, how gawd damned hard is it for a windshield shop to get a windshield), so either of your options will work. I was planning on calling Sante Fe Glass (a bigger glass company), and seeing what they could do for me. I'll let you know what they say once I talk to them. It'd be damned frustrating, but humorous, if they had the shit in stock

BTW, He told me he forgot to type of a receipt of deposit. I told him I trusted him and he could write me one later.

I sent him a PM mid-week last week asking what was going on and told him if he wanted to write the check and date it for his next paycheck or w/e I'd hold it and deposit it when he was ready. He has read it, but replied to it. I sent him a PM tonight asking him if he'd like me to come to his work or his house to pick it up. I'll be at one of those places (if not both) probably wednesday/thursday of next week to give him the oppurtunity to pay me. If not I'm filing charges with small claims court.

I purchased the car right around the first of July and put the windshield on early august. I have a bill of sale, the title, and a receipt for the windshield. I believe I paid cash.

I've never filled charges before / been to court seeing as I'm 19. I don't plan on getting a lawyer.

motivez · 09-24-2007, 02:57 AM

I'm confused. Pay you for the windshield or what?

ArrestMeRedZ28 · 09-24-2007, 03:36 AM

yes, he stated that he would be replacing the windshield in his ad and we agreed that since I needed the car (I had sold my only source of transportation and was borrowing my dad's truck) we'd do the transaction and he'd pay me for the windshield after I had it replaced. I got it replaced, told him the total and he's blown me off for almost 2 months every time I ask him for a check.

motivez · 09-24-2007, 03:37 AM

I'd talk to him in person before you decide to do anything. If he blows you off then, I hope you have something in writing (his emails as proof?) or some sort of witness.. but I wouldn't threaten him with small claims court if all you have is your word against his

ArrestMeRedZ28 · 09-24-2007, 03:45 AM

I have a copy of the ad stating it would be replaced as well as thoose PM's.

WickedLou9 · 09-24-2007, 07:56 AM

never ever ever ever do anything like that again without getting it in writing from him, and never ever ever say " I trust you, I don't need any proof that I put down a deposit. "

Sucks that you had to learn the hard way. Especailly with something expsensive like a car.

Stylerod · 09-24-2007, 11:09 AM

Originally Posted by WickedLou9

never ever ever ever do anything like that again without getting it in writing from him, and never ever ever say " I trust you, I don't need any proof that I put down a deposit. "

Sucks that you had to learn the hard way. Especailly with something expsensive like a car.

Well, it sounds like the car sale went through OK. It was just the replacement cost of the windshield that he can't get reimbursed for. How much was it?

Have you talked to him directly about it? What was the last thing he said and when?

ArrestMeRedZ28 · 09-24-2007, 04:10 PM

I sent him a PM Thursday telling him it's been months and he needs to pay me but he keeps claiming he can't afford to right now and he's working two jobs. He read it but didn't reply to me. I made a thread in the general section of the site telling him I knew he read it and asked him to reply to me. He replied back today claiming "Like I told you last time, I'll let you know when I have the money. No, it's not in my finances right now."

I'll be talking to him in person sometime this week and keep ya'll updated.

ArrestMeRedZ28 · 09-25-2007, 05:24 PM

Originally Posted by ArrestMeRedZ28

I sent him a PM Thursday telling him it's been months and he needs to pay me but he keeps claiming he can't afford to right now and he's working two jobs. He read it but didn't reply to me. I made a thread in the general section of the site telling him I knew he read it and asked him to reply to me. He replied back today claiming "Like I told you last time, I'll let you know when I have the money. No, it's not in my finances right now."

I'll be talking to him in person sometime this week and keep ya'll updated.

I spoke to him today and asked him when he was planning on giving me the money and he said "When I get the money" and I also comfronted him about a post where he was looking to put a new stereo in his car. And a post about purchasing a guy's roller with a 12 bolt rear end (~$3000 car w/ no engine)

I also spoke with someone whom had a bad transaction with him as well and it took him a long time to get the money for some wheels he owed him.

JaJae · 09-25-2007, 05:37 PM

You never should have completed the transaction until the car was in working order and you had the title. Live and learn I guess.

Stylerod · 09-25-2007, 05:42 PM

Originally Posted by ArrestMeRedZ28

I spoke to him today and asked him when he was planning on giving me the money and he said "When I get the money" and I also comfronted him about a post where he was looking to put a new stereo in his car. And a post about purchasing a guy's roller with a 12 bolt rear end (~$3000 car w/ no engine)

I also spoke with someone whom had a bad transaction with him as well and it took him a long time to get the money for some wheels he owed him.

Wow, no shit? I hope, where ever you are seeing this guys posts, that you are letting everyone know what a dick he is.

You NEED to take him to court. And also have proof that he does have the money by printing those posts where he bought other stuff with the dates on them. You will get your money quickly and maybe it will teach him a lesson.

DOO EET!

WickedLou9 · 09-25-2007, 06:10 PM

Originally Posted by Stylerod

Wow, no shit? I hope, where ever you are seeing this guys posts, that you are letting everyone know what a dick he is.

You NEED to take him to court. And also have proof that he does have the money by printing those posts where he bought other stuff with the dates on them. You will get your money quickly and maybe it will teach him a lesson.

DOO EET!

As soon as he gets served with the papers that tell him a suit has been brought against him he will probably pay instantly. No one wants to be sued in court.

ArrestMeRedZ28 · 09-25-2007, 06:55 PM

Originally Posted by Stylerod

Wow, no shit? I hope, where ever you are seeing this guys posts, that you are letting everyone know what a dick he is.

You NEED to take him to court. And also have proof that he does have the money by printing those posts where he bought other stuff with the dates on them. You will get your money quickly and maybe it will teach him a lesson.

DOO EET!

I am.

I've got multiple PMs, Posts, and the original sale ad for the car printed, with dates.

I spoke with another member from the site and he told me about how he did a 3-way wheel transaction and it took A LOT of hassling to get his money. I also heard about how he didn't pay a good friend of his for a nitrous kit and it broke up thier friendship. He wasn't sure if he paid him back. Hopefully they will be willing to testify if necessary. I haven't got that far yet.

Here's what I sent the Seller:

Man I hate to do this but I'm tierd of hassling with this. I need full payment for the windshield from you by October 9th, 2007.

RMNIXON · 09-25-2007, 07:26 PM

Originally Posted by ArrestMeRedZ28

I have a copy of the ad stating it would be replaced as well as thoose PM's.

That would hold up in court! I would remind him of that. Be polite but firm.

Stylerod · 09-25-2007, 10:24 PM

Originally Posted by ArrestMeRedZ28

I am. I've got multiple PMs, Posts, and the original sale ad for the car printed, with dates.

I spoke with another member from the site and he told me about how he did a 3-way wheel transaction and it took A LOT of hassling to get his money. I also heard about how he didn't pay a good friend of his for a nitrous kit and it broke up thier friendship. He wasn't sure if he paid him back. Hopefully they will be willing to testify if necessary. I haven't got that far yet.

Here's what I sent the Seller:

They won't need to testify. The judge won't care about them if it has nothing to do with your case. You have documentation showing the sale, his promise to pay and the proof he had money during that time but CHOSE not to pay you. It's in the bag.