View Full Version : Deadbeat Transmission builder has my money and parts
I need a little advice if you have a second to give it and read this through. I took a guy, transmission builder off of craigslist, had a shop, and plenty of work going, my nephews transmission and transfer case to rebuild. In the mean time I also order a torque converter for my truck through him. I'm now going on four months, $2500+ dollars, and have nothing to show for it. I've been hearing end of the week for pick up for about 2 months now and I've had it. He lost his shop in the middle of this and has since moved, says he is working out of a friends shop currently. Question is, what do I do? He stays in contact somewhat, if I send him a message he usually responds in a couple days, but basically I am getting a long slow screwing on this whole deal and don't know what to do about it. Whatever I do, I can't give him a reason to have a better "case" against me then I do against him, so as much as I'd like to pound him into mud its not an option. What do you guys think would be the next appropriate step, and a some details on to completing that next step? Thanks.
[Rant1]
Have you asked for your money back? Does he have the converter in stock? If so maybe get that at a minimum then ask for cash back for tranny and get the parts back from him and have another place do the work with the parts he ordered
I hope you have receipt for all the work and the torque converter. I'd tow the vehicle back and take him to small claims court. Pay for a rental and have him reimburse you for the rental and missed work (wages).
I do have receipts. Sniper, chances of getting money are slim, I can ask him but don't expect him to have it. Anyone ever taken someone to small claims court, I don't know the process and am curious as to what it costs to get started, or have him served with papers? Thanks guys
Happy Birthday Kwando!
Mr Spooky
09-27-2015, 11:25
I listen to Tom Martino on the radio while at work. I hear this problem a lot. You could call him. He could walk you through the process.
Great-Kazoo
09-27-2015, 11:37
I do have receipts. Sniper, chances of getting money are slim, I can ask him but don't expect him to have it. Anyone ever taken someone to small claims court, I don't know the process and am curious as to what it costs to get started, or have him served with papers? Thanks guys
Happy Birthday Kwando!
https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Small
Bailey Guns
09-27-2015, 11:41
The hardest part of the smalls claims process (if you haven't done it before) is working up the nerve to try it yourself. It's really not difficult. Go to the court (some even offer a "starter kit" online) and get the paperwork. Fill it out and file it. It's actually pretty straightforward.
Meet him face to face. Tell him your concern and ask him to name a date when he will either have the work and parts ordered complete and ready to turn over or your money and parts returned to you. Once he has set that date, let him know that you will expect him to stand by his word and his work.
This is not personal. This is business. If he is late to fulfill his commitment, file the paperwork in the local court the next day.
You may want to audio record your conversation with him when you meet with him. The alternative would be to ask him to put the date of completion in writing. You could have that printed with a the date blank when you meet with him.
Good luck.
Cstone, I've tried this route except for asking for it in writing, it has come and gone. Danimal, I'm a reasonable person that has had a shop of my own and given him the benefit of the doubt for to long and now he's just taking advantage of that. Kazoo and Bailey, thanks for the info, I guess if things come to a total loss I'll have to go that route with the expectation of never getting anything in return. I guess I'll contact him and ask to meet him face to face, just gotta be able to keep my cool if it happens and not be an irrational idiot!
Small claims isn't terrible, probably about $100-200 investment to file which you will go after for him to pay. No lawyers involved unless he gets one, then you are allowed to get one.
must be filed in the county he lives in. Do you have his home address? If so you can have anyone not related to the case (a friend) serve him the papers or have the sheriff do it for a fee.
then the court date gets set, show up and they send you to an arbitrator, make sure he fills out interoggeries (assets, bank account, employer). If he doesn't have your parts/money with him, I wouldn't settle with the arbitrator, I'd want the magistrate to file a judgement against him.
he could set up payments or return everything and pay your court fees.
id get all documentation together now. Receipts, quotes, pictures, screen shots of text messages, times and dates you spoke, etc.
Oh, what ver you do, don't agree to meet outside of the court (even if signed paper by him) with the arbitrator, it will be the same story where he doesn't show and you are stuck going back to court to file the judgement against him for not showing. Another reason for interoggeries, so you can get paid fast if he has any assets or a job.
Thanks Sniper, all good information. I'm going to contact him one last time to see if we can meet up and work it out, if it doesn't happen next week then I'm going to move forward with small claims and take the hit I guess.
Great-Kazoo
09-27-2015, 14:14
Thanks Sniper, all good information. I'm going to contact him one last time to see if we can meet up and work it out, if it doesn't happen next week then I'm going to move forward with small claims and take the hit I guess.
Real big sandwich board saying XX transmissions is a thieving rip off, BUYER BEWARE. will get his attention. Especially walking up and down in front of the shop. AS long as you're not on his property, TFB.
Stories like this are why I avoid Craigslist.
No HBAR, his name is Jeff. Copy that Kazoo, just doesn't have a shop anymore, so I don't know I could hurt him. Foxtrot, no plans on being able to recover anything at this point, anything that comes my way from here on out is just a bonus. Thats why it sucks smashing his face would get me in more trouble than him, pisses me off. You can be a thief and walk away with nothing but a judgement against you and never pay a dime. I beat his ass and end up with felony assault and sure as shit would get charged. Its a fucked up world.......
Drop me a PM, smchop. I can help you with some of this.
SideShow Bob
09-27-2015, 18:56
Drop me a PM, smchop. I can help you with some of this.
Is this a dirty deeds kind of offer ?
Does 'TheGrey' moonlight as The Equalizer?
Is this a dirty deeds kind of offer ?
Discretion is my middle name...
Is this a dirty deeds kind of offer ?
Move along, nothing to see here.
Does 'TheGrey' moonlight as The Equalizer?
I hope so because this could be good!
Great-Kazoo
09-28-2015, 08:29
Does 'TheGrey' moonlight as The Equalizer?
Move along, nothing to see here.
I hope so because this could be good!
I'm sure if she wanted everyone to know what was going on. She would have done so.
This thread really grinds my gears.
SouthPaw
09-28-2015, 11:37
This thread really grinds my gears.
You just had to... [LOL]
I'm sure if she wanted everyone to know what was going on. She would have done so.
Sorry, guys- no real excitement here. Just some basic information as to a consumer's right, things to watch for when dealing with auto repair, and some options to help determine whether to go to court.
Why would you pay someone up front for something like this? A lot of this pain could be dramatically mitigated if you don't pay until after services or parts have been rendered. If you did it that way and they don't do the work then all you would have to do is go pick up your parts to be reworked and take them to a new place.
Hindsight is 20/20. It's easy to ask why something was done a certain way, but that doesn't help the situation as it stands now.
Small $ compared to your dilemma, but I've been trying to get a core charge refunded on a TC I bought and had installed over a year ago. Had I been on top of it right away, AMEX would have taken care of me, but the window of opportunity passed.
The guys I'm dealing with are still in business and have had some unfortunate employee turnover, but have a good reputation they understand they need to protect. I'm giving them the benefit of the doubt that they, like me, get busy and forget about it. My bad for not calling them every week and perhaps suggesting that the online community that buys their products and services needs to know they are not taking care of me. If they were local, I'd be in their face.
Don't give up and don't let him take you.
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