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The guy wont send me my rims! Then he wants more! Then he wont give my money back!

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CoolHwnGuy

Junior Member
What is the name of your state? Hawaii

On July 8th, 2005 I decided to buy some car rims from a private seller.

The buyer and I finalized a price which included all the rims, accessories plus shipping/handling/insurance. (it took a while, because he had to do research on shipping rates)

On July 11th, 2005 I sent the buyer a cashiers check.
The cashiers check had both our names plus a description where it said "rims, accessories plus shipping/handling/insurance."

On July 15, 2005 he wrote and said that he recieved the check.

On July 26, 2005 he wrote and said that the check cleared the bank and that he would be sending the package soon.

On August 6, 2005 he wrote that hes waiting for a day off to send the rims.

On August 11, 2005 his wife wrote and said that there was a "death in the family" and apologized for being late. (Plus he's been working "6 days/week" and "they have 4 kids)

On August 16, 2005 he said that he was turned away from the United States Post Office because the packages were too big. (They told him to arrange a USPS truck to pick them up)

At this point I've been waiting for over a MONTH. So I called him up and he wanted MORE for the shipping, even though we agreed on a price. He told me to go to the USPS website and check. I did just that and quoted him the prices found on the website. (Which coincided with the price we agreed upon)

On August 21, 2005 he wrote and said that he would check the price and "get back to me tomorrow"

August 25, 2005 with no response as of yet.

On August 26, 2005 I called him up Long Distance (my dime) and he said that he was sick and couldn't talk right now.

On August 28, 2005 I called HIM up to find out the measurements for shipping. 24x24x28 and its 72 lbs. He said that hes been working AND going to school and havent had time to himself in the past 3 days.

On September 1, 2005 I emailed him with the FedEx shipping details. I am willing to cover the remaining shipping charges or I will expect payment BACK to me within 2 weeks starting from today.

On September 2, 2005 he amazingly mailed me back and said it's 1200 for the rims. So I mailed him his original email which said 1,000. Then he said if I "threaten" him again (by saying I'll go to the courts if I dont get my money back) I'll get the money in about 6 months.

On September 4, 2005 I mailed him again.

On September 8, 2005 I asked for my money back.

On September 10, 2005 I asked for my money back to be here by next monday. 9-19

On September 11, 2005 I called him, asked for my money and he said ok.

On September 17, 2005 I called him up, he told me that "I cant be calling him all the time at work" and then hung up on me.

Called again 11 am Hawaii Time and he said he was still at work
Called again 2 hrs later and wife said that he would be sending the money "next week"

On September 24, 2005 I called and left a message

On September 15, 2005 I called and he said that he sent the check on Thursday (quote "I havent been dodging your call or anything man")



from July 15 to Sep 27
It has been 76 days since he recieved the check
(he said the cashiers check took 11 days to clear)




So far certified mail is the way to go. But what if nothing happens.
What do I do with this guy?
 


dallas702

Senior Member
You'll have to wit a few more days for the check to arrive. Then, you'll have to wait until the check clears to see if you really have a refund. When you get the check you can call his bank and see if the funds are actually available. If not, you can use that in court (if you have to) to show he was writing a bad check. In some states that gets you 3X damages. Just hope that whatever you get it is really worth $$$.
 

JETX

Senior Member
CoolHwnGuy said:
But what if nothing happens.
What do I do with this guy?
This is Really, REALLY simple.
Just get out your WRITTEN agreement as to the sale terms (price, shipping, etc.) showing that Hawaii has relevant jurisdiction. Of course you did this and got him to sign it BEFORE you sent him any money, right??
Then, once you have confirmed all that, you go down to your local small claims court and file a lawsuit against him.
WHen your court gives you a judgment against him (due to your VERY detailed notes and WRITTEN sales agreement with venue statement.... signed by the seller), you domesticate that judgment into HIS state court system. Once you have a judgment in HIS state... you garnish his wages, seize his bank account and have the sheriff grab any other non-exempt assets and sell them at auction.
See, it is REALLY simple.
 

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