recieved a broken turbo

[qualmq]

What is the name of your state (only U.S. law)? Minnesota

I live in Minnesota and I purchased a used turbo from someone in Arkansas. He described the turbo to be "used but good" condition. I sent him a cashiers check. He sent me a turbo.

When I recieved the turbo I instantly noticed there is a crack in the exhaust housing and there is shaft play. I email with in 43 minutes of recieving it, telling him its bad. (have tracking number with proof of when it was delievered and have a copy of the email saying when I sent it to him)

He is un willing to work with me on getting this fixed or refunding my money. He just keeps saying "I know I sent you a good working turbo. You must of done something to it and now want your money back".

I have done nothing with this turbo besides take it out of the box.

Do I have any grounds to take him to small claims court?

 

[Mass_Shyster]

Yes, but you probably have to sue in an Arkansas court.

 

[qualmq]

Yes, but you probably have to sue in an Arkansas court.

Its $650 miles one way for me to get there. I figured if I drive the wifes car it will cost me about $156 in fuel. I think I am going to take him to court. I have been more then willing to work with him but he is not willing to work with me.

 

[racer72]

Its $650 miles one way for me to get there. I figured if I drive the wifes car it will cost me about $156 in fuel. I think I am going to take him to court. I have been more then willing to work with him but he is not willing to work with me.

You do realize you can't include your travel expenses in your lawsuit, that comes out of your pocket. Plus it will probably take 2 trips, one to file the lawsuit and find a process server, the second trip to appear in court.

 

[Mass_Shyster]

And since the defendant knows you're from out of town, you can expect at least an attempt at a continence, if not a no-show with a "good explanation" following.

 

[qualmq]

I talked to someone at the court house today and they are mailing me the paper work I need to file. She said I can just mail it in. Does that sound right or did I talk to someone that doesn't know what she is talking about?

 

[Mass_Shyster]

I talked to someone at the court house today and they are mailing me the paper work I need to file. She said I can just mail it in. Does that sound right or did I talk to someone that doesn't know what she is talking about?

Massachusetts Small Claims can be mailed in. The same may be true for Arkansas.

 

[qualmq]

If I have to travel down there 3 times I will have between $450 and $500 just in fuel. That wouldn't even include my missed time from work. Its not even really worth trying to take him to court.

I paid with a cashiers check. Is there anyway to try and get a charge back or something along those lines from my bank?

 

[Zigner]

I paid with a cashiers check. Is there anyway to try and get a charge back or something along those lines from my bank?

No .

 

[You Are Guilty]

I don't know how much the small claims filing fee is, but it's likely less than $20. If you can file by mail, if nothing else, for ~$20, you get a disproportionate amount of negotiating leverage over the seller. (I bet he does not expect to receive any court papers from you over this. Imagine the surprise as he opens that envelope).

Not to spend your money, but I think it's still worth filing even if you don't/won't pursue it.

 

[qualmq]

I don't know how much the small claims filing fee is, but it's likely less than $20. If you can file by mail, if nothing else, for ~$20, you get a disproportionate amount of negotiating leverage over the seller. (I bet he does not expect to receive any court papers from you over this. Imagine the surprise as he opens that envelope).

Not to spend your money, but I think it's still worth filing even if you don't/won't pursue it.

I did email him, saying I talked to the court house and they are sending me all the paper work to take him to small claims court. All he said was "see ya there".

 

[You Are Guilty]

Many (many) people threaten. Very few people actually follow through.