Bought my 951S, then took an extra $2,000 for the road
#16
Race Car
uh... i don't think you should ever have to "factor in" someone stealing from you. that's a little dumb
i would definitely get in touch with a lawyer. he or she can give you the legal guidance to get back what belongs to you.
i would definitely get in touch with a lawyer. he or she can give you the legal guidance to get back what belongs to you.
#17
Addict
Rennlist
Lifetime Member
Rennlist
Lifetime Member
Join Date: May 2001
Location: New Jersey Shore
Posts: 901
Likes: 0
Received 0 Likes
on
0 Posts
Sorry about the loss. I hate cheaters, liars and thieves.
Across state lines, only $2000? Yer screwed! Not worth a lawyers fees nor the travel costs.
So go out and screw someone else - no, only kidding. Just don't be so trustworthy! Chaulk it up to experience and don't leave the money on the table next time. My experience tells me that this type of guy eventually messes with the wrong guy and get what's coming to him.
Across state lines, only $2000? Yer screwed! Not worth a lawyers fees nor the travel costs.
So go out and screw someone else - no, only kidding. Just don't be so trustworthy! Chaulk it up to experience and don't leave the money on the table next time. My experience tells me that this type of guy eventually messes with the wrong guy and get what's coming to him.
#19
Race Car
Go on judge Judy... nah, she's been a bitch lately.
Sorry, had to say that.
Go to your local small claims court. There should be either a 1 or 2 year statute of limitations on monetary theft (I don't know the exact laws where you are). Do you still live in the same state that it happened in? If you do, then you don't have to travel anywhere. It will go to court in the state that the crime occured in. Go to small claims court, bring your copy of the bill of sale with you (Hopefully with the correct numbers on it), a copy of your deposit slip, and a record of all phone calls you made, and write down what you were told (even if it's just rough, it will help). They will tell you that you have to serve him the papers telling him he has to appear in court on a set date. Now, you will probably have to pay somebody to find him and serve him the papers though, which may cost you $100 - $200. However, now it is his responsibility to travel out to you for the court date, and if he does not appear, he automatically loses, and you can send a collection agency after him. If he is a minor, you can go after his dad (the rich guy =) for the money. That should apply even if he was a minor at the time, but is not now (at least it does in Canada).
You said you went to the police, so why didn't they charge him with grand larsony?
If he was charged, then you will win your court fight for sure.
So, all in all, you will get your $2000 back, less $100-$200 for hiring somebody to serve him his papers (unless you want to go do it yourself).
When he loses the court fight, he has to pay the fees because it's small claims court =)
Hopefully that is of some use.
Don't take it sitting down, $2000 would really pi$$ me off (sorry, had to make a bad money pun).
Sorry, had to say that.
Go to your local small claims court. There should be either a 1 or 2 year statute of limitations on monetary theft (I don't know the exact laws where you are). Do you still live in the same state that it happened in? If you do, then you don't have to travel anywhere. It will go to court in the state that the crime occured in. Go to small claims court, bring your copy of the bill of sale with you (Hopefully with the correct numbers on it), a copy of your deposit slip, and a record of all phone calls you made, and write down what you were told (even if it's just rough, it will help). They will tell you that you have to serve him the papers telling him he has to appear in court on a set date. Now, you will probably have to pay somebody to find him and serve him the papers though, which may cost you $100 - $200. However, now it is his responsibility to travel out to you for the court date, and if he does not appear, he automatically loses, and you can send a collection agency after him. If he is a minor, you can go after his dad (the rich guy =) for the money. That should apply even if he was a minor at the time, but is not now (at least it does in Canada).
You said you went to the police, so why didn't they charge him with grand larsony?
If he was charged, then you will win your court fight for sure.
So, all in all, you will get your $2000 back, less $100-$200 for hiring somebody to serve him his papers (unless you want to go do it yourself).
When he loses the court fight, he has to pay the fees because it's small claims court =)
Hopefully that is of some use.
Don't take it sitting down, $2000 would really pi$$ me off (sorry, had to make a bad money pun).
#20
Addict
Rennlist Member
Rennlist Member
If you file charges for theft in Florida, and the kid fled from Florida to another state, wouldn't the case be heard in Florida? Might pay the money just to avoid aggrevation!
See a lawyer. No doubt the kid has been in trouble before and may have a paper trail. Your charges may get him on a "three strikes and you're out"
conviction and give you even more leverage if he were to face jail time on a third charge.
I've got a feeling "Daddy" has been paying well to bail out his Brat for quite a while! Another charge may just do the trick!
You have a witness? Even better!
Jim 1987 944S (Grrrrrrrrr)
See a lawyer. No doubt the kid has been in trouble before and may have a paper trail. Your charges may get him on a "three strikes and you're out"
conviction and give you even more leverage if he were to face jail time on a third charge.
I've got a feeling "Daddy" has been paying well to bail out his Brat for quite a while! Another charge may just do the trick!
You have a witness? Even better!
Jim 1987 944S (Grrrrrrrrr)
#21
I would be on the phone to the FL police immediately. This is a criminal matter not a civil one, no lawyer should be needed on your part. If you are willing to press charges for grand larceny of the $2000, the police should take it from there. I could see walking away from $200 as a lesson (maybe) but not $2000.
#22
Instructor
Join Date: May 2003
Location: Corpus Christi, TX
Posts: 243
Likes: 0
Received 0 Likes
on
0 Posts
You signed the title? Then the title has been released. Who ever is in physical possession of the title leagally owns the car. The car is gone, FOREVER.
Do you have a bill of sale, contract, reciept, or some other paper work concerning the deal with HIS signature? If so you may have a civil case over funds owed or breach of contract.
But the car is GONE.
Do you have a bill of sale, contract, reciept, or some other paper work concerning the deal with HIS signature? If so you may have a civil case over funds owed or breach of contract.
But the car is GONE.
#23
Race Car
Odie, I don't know how the titles and such work in the U.S., but in canada, if you sign the title, then discover he stole your money, and under-paid on the deal, then the transfer of ownership is invalid, and if he has registered the car (if you have the VIN# around somewhere you can find out), you can have his registration terminated. The VIN# would also help you to track him down.
I also wish to add to your statement regarding having a civil case, IMHO he does have a criminal case, as he _stole_ the money. What did the police say when you spoke with them? They should have offered to pursue charges against him if you were so willing.
I also wish to add to your statement regarding having a civil case, IMHO he does have a criminal case, as he _stole_ the money. What did the police say when you spoke with them? They should have offered to pursue charges against him if you were so willing.
#24
Instructor
Join Date: May 2003
Location: Corpus Christi, TX
Posts: 243
Likes: 0
Received 0 Likes
on
0 Posts
I think the car is gone, unless he can prove he never paid for the car.
But it appears he did pay for the car in FULL. Then, AFTER the vehicle transaction, he stole money from the seller. Probably an unrelated crime in the court's eyes.
You must prove he NEVER paid for the car and never fullfilled the sales contract. But he did. What happened after was a simple crime and can that be proved?
I hope you can get this punk but I think you have a difficult case ahead of you.
But it appears he did pay for the car in FULL. Then, AFTER the vehicle transaction, he stole money from the seller. Probably an unrelated crime in the court's eyes.
You must prove he NEVER paid for the car and never fullfilled the sales contract. But he did. What happened after was a simple crime and can that be proved?
I hope you can get this punk but I think you have a difficult case ahead of you.
#25
Race Car
I suppose it comes down to this, did he take the money before or after you signed the title?
If he took it, then you signed the title and took the left over money, he never fulfilled the contract. This is much better for you. Otherwise you will have a difficult fight trying to prove he took it, but if his dad admitted to it,and you already had the police involved, you have a fighting chance.
If he took it, then you signed the title and took the left over money, he never fulfilled the contract. This is much better for you. Otherwise you will have a difficult fight trying to prove he took it, but if his dad admitted to it,and you already had the police involved, you have a fighting chance.
#26
Monkeys Removed by Request
Lifetime Rennlist
Member
Lifetime Rennlist
Member
Bottom line is never NEVER NEVER let time pass before you act. If you get fuc**** then you need to ACT! If you sit on your *** and do nothing that's not going to help anything. Bottom line is the guy stole money from you. I don't care who said what when where how much....he stole. You can file criminal charges on anyone for that....and if he is a minor...then daddy has to answer for him. Oh btw it doesnt matter if he isint a minor anymore if he was minor at the time daddy is liable. If I knew that day I had been ripped off and I called his father and got the feedback you did I would have been at the police station that day. Never ever sit and wait on something like this. Because of you lack of action you have made things alot worse as more and more times go's without action the harder it will be to prove anything and track him down. Worst case you never get your money back and never find the little bastard. You now know always check everything before you let someone drive off...i.e. check paperwork and money. And if for some reason you do get hustled for something you know you need to act on it immediately. Sorry for you loss and sorry that you are now having to go through all of this. Call your lawyer and see what he thinks you can do. Police sometimes are worthles. You can sue for anything. Call your lawyer and I promise he will have some idea's for you.
#28
Nordschleife Master
His word against yours, and you have no way to prove he stole it. Plus it's stale and two states. I think you chalk it up to experience, but if you can get free advice from a lawyer it wouldn't hurt. But watch out for the lawyer!
#29
Racer
Join Date: Dec 2001
Location: Trondheim, Norway
Posts: 398
Likes: 0
Received 0 Likes
on
0 Posts
Yet another example of why you should be careful and not trust strangers. If the possibility of theft is there, there are some people who will take the advantage. Eliminate such possibilities and you will be harder to screw.
What proof do you have? Without propper proof you will get nowhere with the police or any legal action, exept if the kid gets scared by the lawyer stamp on the letter you send him and admits the theft. Most punks don't admit things like this. Sorry, but most likely you have just payed 2k for a experience, the hard way...
Regards:
Eirik Kvello-Aune
www.944968.com
What proof do you have? Without propper proof you will get nowhere with the police or any legal action, exept if the kid gets scared by the lawyer stamp on the letter you send him and admits the theft. Most punks don't admit things like this. Sorry, but most likely you have just payed 2k for a experience, the hard way...
Regards:
Eirik Kvello-Aune
www.944968.com
#30
Addict
Rennlist Member
Rennlist
Site Sponsor
Rennlist Member
Rennlist
Site Sponsor
Um, find out where he lives and go and beat the living sh*t out of the car with a 10 pound Maul. Then at least you are both out.