Owner finance gone bad! read before you offer it.

[amunderdog]

Glad you got what's left of it back.
The legal system leaves a lot to be desired.
Just have keep living and learning.
:naughty
If you will deliver the machine; i will make needed repairs.
I will pay you when i can. Ok? :slomo

 

[kthompson]

I am sorry for your losses even with getting the machine back. You should ask an attorney if you have any legal recourse for the damages and use of the machine.

Sad that there are people who don't mind lying like this.

 

[Landworks]

I have a pretty good agreement going with the bank.... I do not loan money, and they don't move dirt! Simple as that

 

[Hardline]

18 miles on the asphalt???? How does the undercarrige look? JJ

 

[KSSS]

I have a pretty good agreement going with the bank.... I do not loan money, and they don't move dirt! Simple as that

I like that!

 

[swampdog]

It sounds like you won one! Consider yourself lucky that you got it back. He could have called the cops. They might have impounded the machine and waited a year or two to get to the bottom of the story. Sometimes its best to lick your wounds and move on.

 

[geneb]

I know how you feel. I just had to collect a kobelco sk210. The Guy made 2 payments on it and kept it for 6 months. I finally got tired of all the lies and sent a truck after it.

I have been screwed by everybody who had a hand in it. I can't sue because it would cost more than I would get.

 

[Monte1255]

back a few years I had a repo on a welding job that I had done, person contacted me for a job, welded on it for about three weeks, stuck money and materials into it only to have them disapear when it was delivery day/payday as arranged. gave them three months!! waited and called several times after 30 billing cycle. finally I went and just took it back, loaded it on the trailer and brought it home, After I had taken possesion again, I talked with local welding shop friend of mine/ he said I was lucky to not be sued because I didn't use due process. .....well At least the other person didn't forget what was really due I guess. Everything on paper after that!:Banghead:ban

 

[kthompson]

Monte, some of those laws vary a good bit from state to state. Might even vary with situation in same state. It probably would be good to talk with lawyer, small claims court or such to find out how best to protect yourself with lowest cost.

 

[Monte1255]

Agreed.......KT..... back then I had a lot of p*** and vineger and it seemed to me that if I knew I was in the right, well then I had all the rights, Right?
unfortunatly not all cases end as succesfully as this one did and I know that now, I got lucky and the statue of limitations is up on that particular case now so it is deemed over I guess. Now.every job comes with contract, every sale comes with bill of sale and outlined terms and all on paper and signed. life is too darn short to make enemies from misunderstandings or otherwise.

good fences make good neighbors!

 

[kthompson]

I agree totally. If you can not put it in writing you don't have an understanding. It can work to save both sides and to be sure all are in agreement.

 

[amtronic]

Make sure your attorney follows up with any necessary paperwork invalidating the original deal, so you are not pulled into any bankruptcy of his claiming it as an asset.

 

[Arabhacks]

Operator.

Hello.

First, why did you go after the operator?
The foreman was in charge, and who knows who did the damage.
I have been in just such a position.
The foreman could not operate worth a damn so I was given seat time.
The real owner comes along and I get pulled off the machine.
And, I was never paid.
The really bad part was that the guy running the company was a Bexar county reserve deputy.
Cops do not go after cops.

 

[Leon Phelps]

He only went after the operator to chase him out of the seat.

A couple things here...

a check from a closed account is a felony. It is bank fraud. Your states attorney general will prosecute this for free. It does not matter who the guy is and how connected he is.

Pay the $60 to get a plate on the machinery. This way, there is a title for it and then it is proof of ownership like a car. Without it, you are left with your pud in your hand if it goes bye bye.

 

[RTSmith]

But not every state has plates. Not an option here in Tennessee.

 

[Leon Phelps]

you are correct, but if you take paperwork to a title state then you get proof of ownership. States do honor titles from out of state. If they didnt, then TN would be the theft capital of the world.

 

[RTSmith]

I think I understand what you are saying Leon, my point was that there are obviously states that don't offer titles- so unfortunately we are without a uniform system of proving ownership across the country. In Tenn, one generally files a UCC1 to record a lien on a piece of equipment. Of course, these can be researched, but that starts with the listed owner. If I have a stolen machine, a UCC1 wouldn't show up under my name in a search anyway, only under the original owner. So the original point probably gets back to a couple of basics- Caveat Emptor (let the buyer beware) and know your seller.

 

[kmickels]

I am glad to read that you got it back! But for anyone else in this situation, Word for word what xcavator120 said. The repo is alot easier than you think with the proper documentation so don't forget to get these BEFORE the machine leaves you possession. The best possible thing to do is clear that check before the buyer takes possession but if nothing else verify the funds availability.

Also, cops DO go after "cops" if they are criminals.

 

[powerjoke]

alot of good stuff here.

since this post began I have taken a bad check for a dumptruck....I called and verified funds before truck left but by the time the check went through it was "Bad".....so I learned that in a case like this....take the check to thier bank and turn it into a cashiers check they can do it right on the spot and it dosent cost anything.

Pj

 

[rabbit]

alot of good stuff here.

since this post began I have taken a bad check for a dumptruck....I called and verified funds before truck left but by the time the check went through it was "Bad".....so I learned that in a case like this....take the check to thier bank and turn it into a cashiers check they can do it right on the spot and it dosent cost anything.

Pj

Wow, your sure learning things the hard way. :beatsme
:usa