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Discussion Starter · #1 ·
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?
 

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Discussion Starter · #5 ·
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!
 

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Discussion Starter · #10 ·
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.
 

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Discussion Starter · #11 ·
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!
 

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Discussion Starter · #19 ·
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!
 

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Discussion Starter · #25 ·
Texas "used car rules" or "buyer beware" statutes address the issue of implied warranties. Texas is considered to be a buyer beware state as well. Unless you happen to be in front of the wrong judge on the wrong day!
 

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Discussion Starter · #30 ·
Legal Tender

That is an interesting statement Big AL. I am not sure if your post is totally accurate. Here is a direct quote from the United States Treasury Dept. FAQ section that addresses that issue.


QUESTION: I thought that United States currency was legal tender for all debts. Some businesses or governmental agencies say that they will only accept checks, money orders or credit cards as payment, and others will only accept currency notes in denominations of $20 or smaller. Isn't this illegal?

ANSWER: The pertinent portion of law that applies to your question is the Coinage Act of 1965, specifically Section 102. This is now found in section 392 of Title 31 of the United States Code. The law says that: "All coins and currencies of the United States, regardless of when coined or issued, shall be legal-tender for all debts, public and private, public charges, taxes, duties and dues."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.
 
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