DaddyBuiltRacing Posted March 23, 2012 Report Share Posted March 23, 2012 Alright I have never had to deal with taking someone to court, but I guess there is a first time for everything. I did work on a guys vw (body work/paint/engine swap and a few other odds and ends). The replacement motor was bought from a junkyard and I swapped it in, apparently the motor locked up on the guy a couple days after getting it home. Here is where the trouble comes in. The guy was a family friend, or so we thought (my dad's buddy), I told him a price and he was ok with it. When he came to pick up the car he "forgot" that I had told him x amount. He paid me half the money right then and there in cash and asked if he gave me an extra $50 if I would let him write me a check and hold it til the 20th (check was written March 10th). I was reluctant to do this but figured what the hell I had done work for him before and never had an issue being paid so fine. Fast forward to Friday when I am in Texas, I get a phone call from him saying that the motor was no good. I told him to contact the junkyard in which it was purchased from as it had a 30 day warranty. I also explained to him that I wouldn't be able to pull it anytime soon since I am on vacation 9 days. He calls me back a little later stating that the junkyard wont warranty it out for no reason given. He then tells me he wants $500 of his money back to put towards another motor and having someone else put it in. He feels I should warranty the junkyard motor...yeah a real fucktard here folks. I explain to him that there is no way in hell that 1. I am giving him $500 bucks back and 2. Warrantying out a motor that was bought from a junkyard, I didn't blow the motor up, I simply did the swap. I tell him that I have no problem swapping in another motor for a discounted rate, but I am not doing it for free, as the first go around was a nightmare with the car. We bicker back and forth for a while about this and finally he appears to cool his jets and says "we'll figure something out when you get home". At this point I am thinking everything is good to go. Monday I get a voicemail (bad reception in Texas) from this guys girfriend telling me that they are going to cancel the check on me (I saved the voicemail) and are going to use the money towards the new motor. I try 4 times to call and talk to him, everytime he either let it go to voicemail or would ignore the call. Mind you this dude would blow my phone up daily like 5-6 times when I was working on his car. Suddenly he can't speak on his phone, funny how that works. So I call my dad since its his buddy and explain to him the situation, he agrees with me that I shouldnt be the one getting shafted due to a bad motor and that he had a similar situation happen to him once. He tells me to take it to small claims court if the check gets canceled. I was always under the impression that it was illegal to post date checks, but apparently it isnt. Fast forward to Wednesday and I am here in Sarasota Florida and finally have access to my banking company. I deposit the check with hopes that he was just talking out of his ass. Well yesterday the money appeared in my acount, however I was told by several people not to spend the money as it needs to clear his bank. Thank god I didn't because I just logged into my bank acount and the check has bounced. I know for small claims court is has to be under $3,000, which in this case it is ($350 to be exact). I know that here locally it cost $70 to start the process as a friend of mine had to do this with a lady that wrote her a bad check for a tanning bed purchase. The only "evidence" I have is the bad check, the voicemail stating they were going to cancel the check on me and my brother in laws whom I paid to help with the work. Do I have a chance of winning this? Should I involve a lawyer and ask that the guy cover my lawyer fee's as well as the bad check? I know one thing for sure, I will never take another check from anyone. Quote Link to comment Share on other sites More sharing options...
ForeverMaker Posted March 23, 2012 Report Share Posted March 23, 2012 IANAL but you shouldn't need a lawyer for something like this. You should also try to do a mediation, which is free and set up by the city with a neutral mediator. If you do end up in small claims it seems you have a solid case. there is a chance once they get their notice to show in court they will be quick to settle, or not show at all. Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted March 23, 2012 Author Report Share Posted March 23, 2012 If they do not show, does this mean I automaticaly win? Also how does the payment process work, will they be required to pay me everything right then and there, spread it out over months or just simply not pay me at all? Quote Link to comment Share on other sites More sharing options...
AWW$HEEET Posted March 23, 2012 Report Share Posted March 23, 2012 ive done mediation. worked well. plus if they dont show up to mediation, it bodes well for you when you go to court. Quote Link to comment Share on other sites More sharing options...
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