[ksims1868]

Okay--Several months ago I posted a thread about this guy that bought my old '79 Ironhead and was suing me for $5086 (he only paid $3500 for the bike) because he claims I lied about work performed on the bike. I won't get too much into that issue again, but wanted to let y'all know the judgement.

Basics of the case: He said the bike was not rebuilt (Pistons/Rings/Cylinders) as I told him it was and sued for deceptive trade practices...a bunch of BS! I had all the receipts etc.. and this is what happened in court today...

He said he has spent $558 on parts to get the bike in running condition and the judge ordered for me to pay half of that amount...even though I showed all the receipts to prove that I had the work performed. So here I am...owing this jack-ass $279 and feeling pretty pissed off about it. I want to know if I should APPEAL this decision. I don't feel like I owe him a freaking dime! Is it better to just pay the money and get this to go away, or is it worth it to file an appeal?

 

[King Rider]

Common Sense Thought [ of which I don't have much] - To get rid of it, I'd pay the money...it'll be cheaper.

However, because of the type person I am, I'd say F*** Him and appeal and counter sue for all fees, court costs, attorney's fees, lost time, etc....you could win but you have to have money in advance and you'll have to get GOOD lawyers.

 

[Unome]

Well, how much will you be out if you file an appeal? Does it require a lawyer(big bucks)? And what happens if you lose appeal...still owe $279 and lawyer fees....or maybe more money for court costs, etc. ??? Plus any lost time from work which you may not get paid for. I don't know what kind of work you do.

Sounds like you had a crappy judge with head up behind who might have not liked the way you looked or something. I know this sucks but looks like you're stuck.

Now if it doesn't cost to file anything to file appeal, and you feel wronged by this a**wipe(which you were), and can afford to miss the work(or lucky enough to get paid while in court...yeah, right ) I'd file and let him feel harassed for a change. Sounds like you were honest since you had receipts for work supposedly done by someone else. Hey, maybe you can file against the person who supposedly did the work and make them pay some(if not all) of the $279(whew...I think I had some kind of flashback for a moment here )

 

[jockeyshift]

At least he didn't get the whole $5086 he was asking for. It sounds like the judgement was unfair to me too, being that you had all the receipts and such, though I wasn't there to hear the whole story. Your next sale should be "as is". I would go to the bank and get $279 in pennies and pay him and let him go.

 

[ksims1868]

Well for the "AS IS" comment...the sale was definately AS IS and stated that on the "TERMS OF SALE" that I provided the plaintiff the day he purchased the motorcycle. I wrote out a document telling him what I did and didn't have done to the bike and let him know of any potential problems with areas I had no work done like the charging system, brakes, lower engine, and stuff. That was because I am nice and honest.
I wouldn't sue the guy that performed the work...it isn't his problem this happened and he is a trusted friend. I think this plaintiff is suffering from "Buyer's Remorse" and was trying to sue a sucker...well he didn't get what he wanted.
I like the idea of paying $279 in pennies...that may just be worth it to see his face! I think I am actually going to pay it just to make it go away. I feel like I got screwed...but we all get screwed sometimes...this guy will get his one day.
Luckily...I don't lose any salary or money for being in court. I am on salary...Thank God...or I would have counter sued for the time off work. Thanks for y'all's opinions and advice! Ride free!

 

[JFScheck]

Pay him the $279.00 and chock it up to a life lesson. I'm sure he is just as pissed that he is only getting $279.00, especially after his costs/time, etc.

 

[bruuuuce]

I like the idea of paying $279 in pennies...

Just make sure when you get them from the bank. Unwrap them and put them in an old sock or something. Wonder what an old sock, with "doe" scent stuffed in a plastic bag would be like? Wonder if the pennies would stink after they sat in that bag for a while?

Now this is all said in fun and I sure hope you don't go out and put the unwrapped pennies in a plastic bag

 

[BJG]

Why? The pennies is a good Idea. I'd write him a check and wipe my arse with it before I mailed it to him. What a POS. Sounds like you ran into a scammer to me.

 

[mancini]

ksmis... i was just woundering (not reading your first post about this problem) what proof did this a**hole have that the work WASN'T done?

and are you a "dealer" or a "private seller" ?

seems to me that anything bought from a "private seller" would fall under the "as is" catagory. "buyer beware". now if he hired someone to look over the bike for any defects, and was told there were no problems then a problem was found, he could then sue the person that looked over the bike because it was a "professional".

when ever i sell something i allways disclose the defects so that i can "sleep at nite" but there is allways some a**holes out there that will try to get somethin for nothin.

anyway just my .02 and keep believing that what goes around...comes around .

 

[ksims1868]

mancini...NONE! He brought in a box of parts he says were from the bike and consisted of mismatched gaskets and what he said were different rings. Now...I am not a mechanic and neither is he. I never claimed to have performed that work PERSONALLY, but that I had it done. I told the judge that was my problem with this whole thing is that HE personally tore down the motor. Not a professional, or someone that could offer an educated opinion, but himself.
I'm getting more and more p*ssed as the day goes on. I think filing an appeal and asking for the receipts from him BEFORE I pay him a dime is what I am going to do. Thanks all for your input. I will keep the board informed as to my progress.

 

[ksims1868]

APPEAL requirements...This is total horse-sh*t. Listen to the requirements for an Appeal.

1. Post an "Appeal Bond" that is double the judgement+$62 for court costs
2. Money order for $175 (filing fee)
3. $10 paid to the JP Court for processing
4. I have 10 days from judgement date to file for an appeal.

Okay...moral of the story...I have to come up with $805 to file an appeal and get this settled properly. The courts system is a crock and this judge was not listening to a word I said and didn't even read the receipts I showed him. He only saw ONE figure...the amount that the plaintiff CLAIMED he spent on parts. He had no receipts to back that up by the way...and the judge split that amount in half! Total disregard for the law, for the FACT that I had a document stating "AS IS, NO WARRANTY OR TRIAL PERIOD IMPLIED" that the plaintiff admitted he agreed to, and all the other proof I had. I don't owe this jerk crap. WE all know it. I guess this will have to be decided in a higher court and what goes around WILL eventually come around.
I will not be filing for an appeal because my families Christmas is more important to me than my pride. Putting that $805 towards an appeal would only cause us to suffer and sacrifice our happiness during this Christmas season. One thing I HOPE FOR...that '79 Ironhead NEVER runs right. I sure hope I pass him on my bike when he is broke down on the side of the road one day.
I want ANYONE IN HOUSTON to know who this jerk is. His name is Casey Hartman, he lives in Richmond TX, and he rides a 1979 Ironhead. Black with drag pipes and drag bars. The tank is an original from '81 with the gold Bar and Shield emblem on it and a double pinstripe around the peanut shaped sides.
FUK HIM!

 

[98rk]

Pay the Pri(k in pennies. Take them out of the tubes and put them in a bag that way it makes it harder for him to count. If you put them in a sock you might be temped to try it out on the pucks head before you give it to him. That would really screw up your families Christmas.
Dan

 

[JimmyK]

You will LOSE a small claims appeal and it will cost you more. Pay the jerk and be done with it.

 

[95 FXST]

Moral of the story. Next you, or I, sale a big ticket item privately, put everything in writing and get it notorized.

 

[mancini]

yup, i guess thats the way ta go with it. a lesson learned, i guess we've all been there. and as 95 said get everything in writing and signed with a clause that no further action can be taken in this "matter".

p.s. sounds like the judge owns a metric...lol

good luck..

 

[Thealien]

Actually, that could of happened even with signed notarized paperwork, sometimes you get a bad judge. Small claims su cks anyway. Even when you get found in your favor and they don't pay, you have to hire someone to serve papers on them, time off work, For 270 bucks just forget about it. Be a better man than him and the judge and consider it a lesson learned. I wouldn't even mention his name again, what'll it prove ??? What comes around, goes around, he'll get his.

 

[JimmyK]

One thing to remember about Civil Cases. The Plaintiff only needs to present a Proponderance of Evidence. It need not be "beyond a shadow of the doubt" and, the Defendant in such a case is never "presumed Innocent". It is almost as if the Defendant must PROVE himself the victim or he will get nailed everytime for something. Bringing a Civil matter to court provides for funds for The County in which the claim was filed. If the burden were greater to the Plaintiff, folks would be less likely to file. The County gets less claims hence less money. The Legal Council for the indigent criminal therefore gets paid less and therefore is generally not qualified for private practice. (This in particular with PD's that handle the general type B Felony cases. ) Plea them out and keep em moveing. LOL!

What was the question?

 

[wbass]

If you don't care about your credit, you could just refuse to pay and see if he files a judgement. Personally, I would pay him and forget about it. It's not worth the time to worry about such problems.

 

[ksims1868]

I agree with wbass...its not worth my credit rating even though its not that great.
I have taken this as a lesson learned. I WILL be paying this jerk in pennies. They will be in separate ziplock bags and the amount written on each bag. It is just a lesson learned for all...don't trust documents IN WRITING that state "AS IS" or "NO WARRANTY". Those exact words were on documents my friend (used car salesman) produced for me and they were worth nothing in the end.
I will feel better knowing that I am not as low as this jerk. I will ride my '00 HD Sportster Custom and love every minute of it. This jerk WILL eventually get his. Thanks for y'alls support and opinions. I appreciate a forum like this where I can vent my frustrations and get feedback from like-minded individuals from all walks of life. It's cool. Ride free!

 

[JimmyK]

Hey my Houston Area Homeboy,

If ya pay him in pennies, you have to work harder to do so. I would not give him the satisfaction of knowing how bad he got ya. Write him a check, it will be on hold for a few days and then it is over.

Move on pass the little guy. Too many great roads to worry about life's little construction zones.