Tcali Posted December 10, 2008 Share Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! So i meet this guy, pay him 150 and go to the audio center for install and they say its fried!! So I then have to pay them 75 MORE dollars to put my old one back in to the car! I call the guy back and he says the ad stated "as-is" in it so he was NOT going to pay me back! Am I out here? Do I have ANY rights? Is small claims court a possibility?? He told me to never call him, but to contact his lawyer and he gave me the #. What do you guys think?? What should I do, eat it and resign to the fact I was ROBBED!! Definitely small claims court. The guy is slime. Link to comment Share on other sites More sharing options...
Just Jack Posted December 11, 2008 Share Posted December 11, 2008 Now many people think this is wrong and I almost understand. But sometimes people need to know immediately that they shouldn't screw with other people. I'm one of those people. I would have let the air out of two of their tires via the valve, not slashing. Cause everyone has one spare tire, how many cars have two? Link to comment Share on other sites More sharing options...
Steely Dan Posted December 11, 2008 Share Posted December 11, 2008 That's along the lines of how =I'd handle it. But I think I'd rather slash all four of his tires. The payback is instant. He'll know not to screw with you or people like you again and it's a HUGE inconvenience. I did this a few years ago. I was dropping my family off at LAX and left them at the curb with their bags while I tried to find parking. It was Christmastime and parking was non existant in the garage. I literally drove around for 10-15 minutes until I spotted someone backing out who wasn't being followed or had someone waiting for their spot. They were on the end of the row and i patiently waited for the lady to load her luggage and back out. As soon as she pulled out this a**hole pulled in from the exit lane right into her spot before I could react. I was beyond mad and put my car in park, went up to the guys window and told him to get out of the spot. The punk wouldn't get out of the car, wouldn't look at me and just sat there. He knew that I was waiting and tried to be a weasel. I got madder and madder telling him to get out of the car and be a man. At about that time I see a security guard walking toward his car probably at the end of his shift, so smartly I left, got in my car and searched for another 10 minutes for a spot. On my way into the airport i made a visit to his car and pulled out my trusty pocket knife. I proceeded to slash all four of his tires (I lookied for cameras first). I bet that dude will think twice about stealing someones spot again. Now many people think this is wrong and I almost understand. But sometimes people need to know immediately that they shouldn't screw with other people. That's just my advice. Dude, you have serious anger issues. I'd work on that. Link to comment Share on other sites More sharing options...
Wacka Posted December 11, 2008 Share Posted December 11, 2008 Why didn't you just shiv the mofo? Link to comment Share on other sites More sharing options...
Tux of Borg Posted December 11, 2008 Share Posted December 11, 2008 I am not sure what the laws are like in your neck of the woods, but in my area, even if you win in small claims court, that still does not force the person to pay up. I won a case against a contractor in small claims court. He refused to pay. I had to pay another fee to file a levy against him. He then took me to county court to challenge the levy. I had to pay another fee to get a lien filed against him. I still have not seen my money. Of course, I was able to get revenge in other ways, but that is a different story. There are bill collectors out that that collect judgments for civil suits. You might want to look into getting one and having them add something to his credit report. Link to comment Share on other sites More sharing options...
KRC Posted December 11, 2008 Share Posted December 11, 2008 There are bill collectors out that that collect judgments for civil suits. You might want to look into getting one and having them add something to his credit report. I did. The judgment was too small ($425), so they refused to take it. Their commission from the collection would not have been enough. They usually look for at least $500 before considering the case; at least the reputable places in my area. Link to comment Share on other sites More sharing options...
Buffan00 Posted December 11, 2008 Author Share Posted December 11, 2008 UPDATE: So, the guy calls me up and says "he feels bad/guilty because its christmas and I have kids" He said he didnt know what made him call me back, but said he would pay me back on Friday, and that he was having problems with money, and he didnt know it didnt work. So, we'll see if he come through on this..... Link to comment Share on other sites More sharing options...
The Dean Posted December 11, 2008 Share Posted December 11, 2008 UPDATE:So, the guy calls me up and says "he feels bad/guilty because its christmas and I have kids" He said he didnt know what made him call me back, but said he would pay me back on Friday, and that he was having problems with money, and he didnt know it didnt work. So, we'll see if he come through on this..... That's is good to hear. Maybe this will work itself out, without having to resort to the shiv. Good Luck! Link to comment Share on other sites More sharing options...
BUFFALOTONE Posted December 11, 2008 Share Posted December 11, 2008 That's along the lines of how =I'd handle it. But I think I'd rather slash all four of his tires. The payback is instant. He'll know not to screw with you or people like you again and it's a HUGE inconvenience. I did this a few years ago. I was dropping my family off at LAX and left them at the curb with their bags while I tried to find parking. It was Christmastime and parking was non existant in the garage. I literally drove around for 10-15 minutes until I spotted someone backing out who wasn't being followed or had someone waiting for their spot. They were on the end of the row and i patiently waited for the lady to load her luggage and back out. As soon as she pulled out this a**hole pulled in from the exit lane right into her spot before I could react. I was beyond mad and put my car in park, went up to the guys window and told him to get out of the spot. The punk wouldn't get out of the car, wouldn't look at me and just sat there. He knew that I was waiting and tried to be a weasel. I got madder and madder telling him to get out of the car and be a man. At about that time I see a security guard walking toward his car probably at the end of his shift, so smartly I left, got in my car and searched for another 10 minutes for a spot. On my way into the airport i made a visit to his car and pulled out my trusty pocket knife. I proceeded to slash all four of his tires (I lookied for cameras first). I bet that dude will think twice about stealing someones spot again. Now many people think this is wrong and I almost understand. But sometimes people need to know immediately that they shouldn't screw with other people. That's just my advice. And they say there is no class left in this world. Link to comment Share on other sites More sharing options...
BUFFALOTONE Posted December 11, 2008 Share Posted December 11, 2008 UPDATE:So, the guy calls me up and says "he feels bad/guilty because its christmas and I have kids" He said he didnt know what made him call me back, but said he would pay me back on Friday, and that he was having problems with money, and he didnt know it didnt work. So, we'll see if he come through on this..... Ohhh boy I better cancel that package I sent. Link to comment Share on other sites More sharing options...
Beerball Posted December 11, 2008 Share Posted December 11, 2008 I'm one of those people. I would have let the air out of two of their tires via the valve, not slashing. Cause everyone has one spare tire, how many cars have two? memo to self...stop jacking with Jack. Link to comment Share on other sites More sharing options...
stuckincincy Posted December 11, 2008 Share Posted December 11, 2008 That's along the lines of how =I'd handle it. You are a poster child for why this site has Ignore and PM block functions. Good bye and bad luck. Link to comment Share on other sites More sharing options...
Just Jack Posted December 12, 2008 Share Posted December 12, 2008 memo to self...stop jacking with Jack. I've got a few more stories I bring out when appropriate. Link to comment Share on other sites More sharing options...
rockpile Posted December 12, 2008 Share Posted December 12, 2008 Even better but probably impractical would be to get his statement notarized as well. Without the letter you're probably out of gas. Also, don't forget to bring the actual thingy. Wouldn't the receipt for putting the other one back in, because the "new" one was crap be the same thing? Link to comment Share on other sites More sharing options...
Steely Dan Posted December 12, 2008 Share Posted December 12, 2008 Wouldn't the receipt for putting the other one back in, because the "new" one was crap be the same thing? No, the guys defense will be that the installer fried it. A receipt wouldn't prove the thing was fried when he gave it to the installer. A statement from the installer goes farther than that and proves it was fried before he put it in. While the truthfulness of his statement can be argued in court it's a lot better than just a receipt. Link to comment Share on other sites More sharing options...
gmac17 Posted December 14, 2008 Share Posted December 14, 2008 Ohhh boy I better cancel that package I sent. Link to comment Share on other sites More sharing options...
Da Big Man Posted December 14, 2008 Share Posted December 14, 2008 This call his lawyer stuff is just a bluff. He's trying to scare you. He's full of crap if he thinks he can win. Take him to court. "As Is" without expressly stating in the ad that it doesn't work at all is fraud. A buyer has a right to believe that it will be in working order. Hiding a material fact is not overridden by "As is". Screw calling his lawyer take him to small claims court. My legal advice is courtesy of Peoples Court. The guy is banking on your not wanting to take him to court over $225.00 I'd do it just for the satisfaction. Also, report him to Craigslist. I hope you have a copy of the ad from Craigslist. I wonder if they'll be able to send you a copy if you don't and the ad is taken down already. A favorable judgment in small claims doesn't make this MOFO pay up. I also say "Shiv the Mofo". Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted December 15, 2008 Share Posted December 15, 2008 I think you are SOL. What happens if your installer fired it and they are covering their butts? Before I bought it, I would have tested it and if you say it was to be hardwired... I would have tested it on my workbench... No way I buy this with out testing it. Sorry for your bad luck. Caveat emptor. And if you met him at an undisclosed site to finalize the transaction: x2 Caveat emptor. Sorry. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted December 15, 2008 Share Posted December 15, 2008 UPDATE:So, the guy calls me up and says "he feels bad/guilty because its christmas and I have kids" He said he didnt know what made him call me back, but said he would pay me back on Friday, and that he was having problems with money, and he didnt know it didnt work. So, we'll see if he come through on this..... Nice to hear! Looks like you are NOT SOL! Link to comment Share on other sites More sharing options...
apuszczalowski Posted December 15, 2008 Share Posted December 15, 2008 I don't believe that matters at all. Actually it might, cause saying it works/worked great would be false advertising and leading the customer into believing it was in working order. Link to comment Share on other sites More sharing options...
Mr. Sparkle Posted December 15, 2008 Share Posted December 15, 2008 It's not harassment to simply ask for your money back and state that you're going to bring it to small claims court. Don't say anything to the guy ahead of time, but if you do take him to small claims court, lawyers are NOT allowed. When I took my landlord to court, he had his lawyer there and I informed the judge that he wasn't allowed the talk. The lawyer tried claiming that he owned the building, judge allowed that, until I interrupted again and said that I had never heard of this guy before and had always sent all rent checks to the actual landlord's address. At that point the judge got pissed at the lawyer and basically told him to shut up and sit down. It was glorious. "Don't say anything to the guy ahead of time, but if you do take him to small claims court, lawyers are NOT allowed." This may be true in some jurisdictions, but most WNY small claims courts allow attorneys to be present and to represent you. Link to comment Share on other sites More sharing options...
Steely Dan Posted December 15, 2008 Share Posted December 15, 2008 Actually it might, cause saying it works/worked great would be false advertising and leading the customer into believing it was in working order. I thought you were saying that if he said "worked" great it would have no bearing on the current state of the item but if he said "works" great that would mean he's stating it does work. Sorry if I misinterpreted that. Link to comment Share on other sites More sharing options...
Steely Dan Posted December 15, 2008 Share Posted December 15, 2008 "Don't say anything to the guy ahead of time, but if you do take him to small claims court, lawyers are NOT allowed." This may be true in some jurisdictions, but most WNY small claims courts allow attorneys to be present and to represent you. Link You do not have to bring a lawyer to Small Claims Court, but you can bring a lawyer if you want to. You should bring with you two copies of any papers that help prove your case. Link to comment Share on other sites More sharing options...
Chef Jim Posted December 16, 2008 Share Posted December 16, 2008 "Don't say anything to the guy ahead of time, but if you do take him to small claims court, lawyers are NOT allowed." This may be true in some jurisdictions, but most WNY small claims courts allow attorneys to be present and to represent you. Why would you want to pay a lawyer to go to small claims. My wife is two for two in small claims with one win against UCLA. Link to comment Share on other sites More sharing options...
Fezmid Posted December 16, 2008 Share Posted December 16, 2008 Link You do not have to bring a lawyer to Small Claims Court, but you can bring a lawyer if you want to. You should bring with you two copies of any papers that help prove your case. Ahhhh, good to know. Definitely not allowed in MN: http://www.consumeraffairs.com/consumerism/small_mn.html <li>Attorneys: Not allowed except with court's permission; required for corporations. Link to comment Share on other sites More sharing options...
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