• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

who to take to court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JDT

Junior Member
This is in the state of Florida. I participate in motor sports and get most of what i need from a company also in the state of Florida They had an employee who was there engine builder. Iagreed to trade an engine package i had for one he would build he started the project ordered parts under my account he then quit taking mr engine and the parts he ordered he will not return phone calls the company has wrote the parts of as a loss the value of my engine was 3000.00 more or less. Who is responsible for my loss?
 


quincy

Senior Member
This is in the state of Florida. I participate in motor sports and get most of what i need from a company also in the state of Florida They had an employee who was there engine builder. Iagreed to trade an engine package i had for one he would build he started the project ordered parts under my account he then quit taking mr engine and the parts he ordered he will not return phone calls the company has wrote the parts of as a loss the value of my engine was 3000.00 more or less. Who is responsible for my loss?
What sort of "engine package" did you trade? What was its value?
 

Zigner

Senior Member, Non-Attorney
While that seems logical, there might not be a lawsuit for JDT to pursue. More facts are needed.
You are correct. I was taking the OP on his word that he has a "loss" and I answered his direction question (in the thread title.) I think it's a safe bet that the OP *does* have a loss. Figuring the amount of loss is a different matter.
 

quincy

Senior Member
You are correct. I was taking the OP on his word that he has a "loss" and I answered his direction question (in the thread title.) I think it's a safe bet that the OP *does* have a loss. Figuring the amount of loss is a different matter.
Fair enough. :)
 

JDT

Junior Member
what sort of "engine package" did you trade? What was its value?
these are high performance go karts the one i traded was a twin 166cc reed valve 2 cycle with jack shaft four disk six spring clutch two tuned exaust pipes two dual carburators converted to methonal all mounted on a custom built motor mount the engine i was supposed to get was a 'open animal' a single cyclinder overhead valve four cycle highly modified a alchol carburater and a tune exaust for this application a four disk racing clutch both packages are worth about 3000.00 each.
 

PayrollHRGuy

Senior Member
When you made the deal were you dealing with the engine builder as an individual or as an employee of the company? If it was the company have you contacted them and why would he have to buy things on your account.

This really sounds like you made a deal with the guy to do this as a side gig for him. I assume you gave him permission to purchase the items on your account to do the build?
 

quincy

Senior Member
these are high performance go karts the one i traded was a twin 166cc reed valve 2 cycle with jack shaft four disk six spring clutch two tuned exaust pipes two dual carburators converted to methonal all mounted on a custom built motor mount the engine i was supposed to get was a 'open animal' a single cyclinder overhead valve four cycle highly modified a alchol carburater and a tune exaust for this application a four disk racing clutch both packages are worth about 3000.00 each.
Thank you for answering my questions. So, this was essentially an even-trade (had the guy actually done what he was hired to do).

If this was an even-trade, why were you being charged for parts?
 

Zigner

Senior Member, Non-Attorney
i would have to say it was between him and i although he used the company to order and pay for parts for the build .
That changes things. It would seem that your beef is with the guy you hired, not his parts supplier.
 

JDT

Junior Member
when you made the deal were you dealing with the engine builder as an individual or as an employee of the company? If it was the company have you contacted them and why would he have to buy things on your account.

This really sounds like you made a deal with the guy to do this as a side gig for him. I assume you gave him permission to purchase the items on your account to do the build?
i was not aware of the parts ordered in my name . The company did not hold me responsible for the parts in the end he would have paid the bill. I agree that the deal was made between him and i . I just want to make sure if i can recover anything that im asking it from the rite party,
 

Zigner

Senior Member, Non-Attorney
i was not aware of the parts ordered in my name . The company did not hold me responsible for the parts in the end he would have paid the bill. I agree that the deal was made between him and i . I just want to make sure if i can recover anything that im asking it from the rite party,
My initial advice was given based on my belief that you had contracted to worth with the guy in his capacity as an employee of the company. Your subsequent clarification makes it obvious that this was not the case. This was a "side job" for the guy and you knew it at the time. Because of this, it seems that the only person who you can recover from is the guy.
 

JDT

Junior Member
thank you for answering my questions. So, this was essentially an even-trade (had the guy actually done what he was hired to do).

If this was an even-trade, why were you being charged for parts?
yes this was an even trade and no he never finished the build . I have ben customer with this company for twenty five years there were no red flags raised when he ordered.he was a person of integrity until personal problems left him broke. When he left the company he took the engine i traded and the parts he ordered i am still on good terms with the company they have given me copys of the parts invoices to show that started the build.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top