Need advice.....Got burned.

[benchmade_boy]

Hi All,

No I did not really get burned, but I did get screwed out of some money, and need advice on how to get it.

November of 2005 I sold my Polaris four wheeler to my Aunt and Uncle, for $800. they paid me $90 just before cristmas 05. Then they paid me $300 in April of 06. I have not seen a dime since. I have asked a few times, but they "did not have the money".

Finally about a month or so ago I asked agian and they said," well we did not think it was worth the $800". They have enough money to biuld onto there house and do a lot of other things yet they can not pay me my $410.00?

So what should I do?

Please help.

Thanks
DM

 

[MarNav1]

You could try small claims court which in my opinion could be a mixed bag. Or you can
try to forget it as well, very hard to do I know. And yes you did get burned, especially
so because it's supposedly (family). You can ask for them to return it as well but only
you know if they will or not. Not an easy situation.

 

[Norm]

Judge Judy
http://www.judgejudy.com/home/home.asp
Norm

 

[DaFABRICATA]

You could tell them to give it back to you if they can't pay the remaining ammount. Tell 'em its like when you don't pay your car payment.....it gets repoed!
Thats a sticky situation you're in there!
Sound as though you are owed Something!

 

[jnj1033]

Since it's family, I'm guessing you didn't put anything in writing, which makes it difficult to prove what the initial agreement was. I got burned by a supposed friend on something like this once, and ever since then, I've been really picky about signed documents.

I never did get my money back (it's been almost five years), and at this point I don't expect to, although it sure would be nice to have. I just chalk it up to lessons learned and figure fool me twice, shame on me.

I guess, in your situation, if they say they didn't think it was worth the $800, I'd suggest that I give them back the $390 and they give me back the four-wheeler, which I would then sell somewhere else. Maybe they would, maybe not, but it might be worth a try. Also, try talking to whichever of your parents is related to this aunt and uncle; maybe they can make them see reason.

Good luck.

 

[CLHC]

When it comes to family owing money (either borrowed or bought) and the like. . .that really can get messy.

Hope things work out for all ya'll!

 

[watt4]

go get it. plan a repo mission.

 

[John N]

Give them back their $390 in exchange for the return of your ATV.

Either that, or just move on.

-john

 

[Jumpmaster]

I would consider the $390 a rental fee for having use of it this long.

+1 on repoing it -- Get a judgement against them in small claims court and get the the law to go out with you to assist in recovering it. IANAL, etc....that's just what I'd do.

JM-99

 

[greenlight]

ask again nicely?

 

[gadget_lover]

If you wanted to get philosophical, you could simply write it off as the cost of a basic lesson. It's one that can make life more pleasant.

* Don't extend credit or loan money to family with the expectation of getting it back. If you do "lend" money you should consider it a gift, and any repayment a gift in return.

Here's the rational. You love family, and no amount of money is worth tarnishing that feeling. You would be hurt if you had to enforce an agreement through repossession, going to court, etc.

Sorry your family screwed you. Personally, I don't sell anything to family either, and for similar reasons. I don't want them upset if the item does not live up to their expectations.

Yes, you have the moral right to get your property back, and you are entitled to compensation for the time they had it. Only you can determine if it's worth the possible strife. If you go to small claims, written documentation and pictures seem to sway the judges. Your original receipt for the polaris, for
instance, will prove the value of the vehicle. A statement from any witnesses to the transaction may help, especially if they try to claim that you offered a vague price or terms.

Daniel

 

[coontai]

Man I feel you. I have a friends friend that owes me 300 for way too long. What sucks even more is that I am so busy these days I really don't have time to work unless I stop volunteering as an EMT. Honestly I think it was better for me (and I guess you) to learn now rather than later when the amounts/stakes could be more. Also, I've heard small claims court can be a hassle and you can even get shafted with court cost (I think). Good luck in the future.

 

[knot]

A deal is a deal. Write them a letter stating you would rather handle this like a family should, with honesty and integrity - or you will be forced to file a claim in small claims court. Verbal agreements ARE BINDING. They will be forced to pay the claim AND court costs. You already won this case.

You love family, and no amount of money is worth tarnishing that feeling.

It's already tarnished. Either they aren't going to respect him because they got one over on him or he's going to gain self respect by doing the right thing and forcing them to stand by their word or make them return it.

 

[Art Vandelay]

Sorry to here about your situation. I don't have enough details about your family situation, so I can't give advise about what you should do. If it were me, I would probably just forget about it because it's family. It is also a small enough amount that it might cost more in time and money to collect than the owed amount.

 

[Diesel_Bomber]

Dang bud, I feel for you. I really have no patience with this kind of thing. My feelings are different than most people though, in that "family" means absolutely nothing to me. I would conduct a sale with family exactly like I would conduct it with a stranger; full paperwork with signatures and witnesses, and I keep the item until payment is completed in full. If full payment isn't received by XX/XX/XXXX date then they forfeit all payments that have been made and I would be free to resell the item. I wouldn't swallow a $410 loss just to keep peace within the family, although I would drop it if it wasn't worth the time/money to pursue.

If no paperwork was signed, and the $390 was paid in cash with no reciept..........I'd seriously consider just going and picking up the quad while they're at work or something. You wouldn't be stealing it as you never sold it. Up to you whether you return the $390 or not, though I probably wouldn't.

All that said, $410 really is a small amount for this kind of education; you won't make this mistake again. Good luck no matter what happens. I truly hope justice is served peacefully and legally. Even if it's not, I hope you'll consider it money well spent on education and quit worrying about it. :buddies:

I am not suggesting or condoning illegal activity; this post is not legal advice.

 

[gadget_lover]

Verbal agreements ARE BINDING. They will be forced to pay the claim AND court costs. You already won this case.

While technically correct, I've been in court several times and have observed some really perverse outcomes. The judges have to listen to lots of conflicting stories and then guess who's lying. They often use a "split the difference" tactic, leaving the wronged party with less than they deserve. I've seen that 3 times so far in cases where I knew the facts.

Daniel

 

[watt4]

if you can, "just go get it" without involving the government.

do those things have titles? licenses? serial numbers?

do you have the purchase receipt or any paperwork at all? pics of it when you owned it, maybe when it was new?

 

[glockboy]

It's family, forget about it.

 

[sejvaar]

Forget about it since it is family? They get a free pass to screw other family? Why would you want to preserve relationships that are so damaging and costly (not only financially)? You will never be able to trust them and that being said what good is a relationship you can't trust?

People talk about family and love but nobody that 'loves' someone would screw them over like this. I can't believe they said "we decided it isnt worth 800 bucks" and still decided to keep it...try doing that with any other sale anywhere and see what happens.

They are taking huge advantage of you and whatever you do dont just let it go. Especially since you have been so nice about it to this point. I say take it to them as hard as you can and show them it is NOT OK to treat anyone this way. People do shitty things because often they can get away with it and they know it. They know most people wont bother because court is difficult etc. Find some option and sick em

In fact if you cant get your parents to talk some sense into them the repo option sounds good. They defaulted on the contract so I'd say you are in the right in doing so. Worse case scenario would be they'd demand the money paid back and even if you had to give it to them you can resell the Polaris and still be better off than now. Not ideal but an option.

 

[jumpstat]

First of all, what's a Polaris? Making a deal with family is difficult. Easier with friends and much much easier with someone you don't even know since no emotions involved. Fortunately its $400, it could have been more. Put it this way benchmade, let it go and move on. Lesson learned.
My personal experience is that I do photography in my spare time, usual stuff weddings etc. And most times I do take pictures of relatives at the weddings. And of course when the pictures were done, some do come back to me for their pictures. I tried charging them but in the end I loose out as because they are family. So now what i do is that I develope all the photographs and charged them to the bride/groom. Any reprints after that must go through the bride/groom. So I get my payments and the relatives get their pictures.
Where family is concerned, any request for help or stuff etc must be considered since family is everything. However for me, if I do decide to help in anyway, I choose not to expect anything in return. Do it sincerely. And you can always say no.
Coming back to your scenario, since there was an agreement verbal or written, the other party must honour it. I would approach the person(s) close to them and ask them for their advice/help. The more people close to your aunt/uncle you approach and tell them about this matter, I am sure in the end all will be well. Since it does not involved alot of money, most probably they would rather settle the matter with you than be ashamed to their close relatives/friends.
If that still doesn't work. What goes around comes around. Somebody else will burn them.