Topic: A legal matter question: I'm screwed, but what can I do about it?

[Scott S]

 I'm pretty sure that this is one of those "small claims, civil matter, interstate, you'll never get your money's  worth out of any legal action" kind of cases, but hear me out and tell me if there's anything I can do about it.
 It's personal now, just to (try to) show them that I won't just bend over an take it.
 And, I'm pretty sure I AM screwed and out all my money and parts, but I've got NOTHING to lose at this point, so.....

 Two years ago I paid a guy/small business in Flint, MI to build up an Honda CL70 engine for me (I'm in SC). The guy was legit and had an active website, Facebook page, email, etc. He was prompt with replies, emails, phone calls, questions, etc. His initial turn around time was fast. He was well regarded on his Facebook page and on what I could find in various forums. No red flags at all. In fact, he was a pretty cool, funny guy that did everything he told me he was gonna do. At first..... Then things went bad.

 * I got the engine and first gear was bad. He said send it back and he'll repair it. I did, and he did.
 * Then the engine had a running/tuning issue. We talked via phone, PM, messenger, email, etc. often about it. Still helpful. He told me to try something and, when I did, I messed up the timing and burned up the top end.
 * I admitted my mistake and asked for replacement parts ( I paid for them) and more advice.
 * Took replacement parts to a local shop. They pointed out that the piston was wrong. Phone calls and messages to him and he said "No, that's the better one. Run it". We did....and the engine blew up again within two miles.
 * At this point I'm disgusted with the whole project. He says "Send me the engine. I'll figure out what's going on and fix it. For free."
 * Sent him the engine.....18 months ago.

   He now has my parts, my money, my engine, and refuses to return it. His business shut down. The email is closed. His website is closed. He eventually blocked me on Facebook after telling me "Yeah....I lied all those times about it being ready to ship, just to shut you up". 
 He claims hard ship, marriage problems, health problems, Flint water problems, blah-blah-blah. He did a complete 180, from prompt and nice and courteous to being a complete ass.

  I have emails, text messages, PM's, FedEx receipts and, with a few minutes of digging, could come up with my credit card statements. All of these show that he said he'd fix it, that he HAS fixed it, that he'll be shipping it out "tomorrow", etc., etc., etc.
 I even had someone that lives near him show up at his house/business (shop is in the back yard) and ask for my parts. He refused to hand them over, but sent me a text with a FedEx label and tracking number. The next day, FedEx emailed me tracking updates....and then it stopped. It looks like he created a label, but won't actually ship the box.

 There are  more minute details that prove I'm in the right and he's in the wrong, but it would take forever to type it all out.
 I know I'm probably screwed. If you take into account the initial parts/build, the cost of what a stock CL70 engine is selling for on eBay these days, the replacement parts, what I paid the local shop, shipping, etc., I'd say I'm out ~$1,300-1,400. A ridiculous amount of money for a Honda CL70.

 I Googled civil suits, etc. The odds are not in my favor, I know. But what else can I do? Any information will help...any legal forms, avenues, etc. I got nothing to lose and would like for him to know that I won't just go away.

[Kevin D]

Scott, I'm not an attorney, never been to small claims court, but I think this is the legal venue for you. It would require a trip to Flint to appear in court.

http://www.gc4me.com/departments/district_court/small_claims.php

[88blkiroc]

Step #1 would be to have a lawyer write a letter on his letter head sent from his office to him threatening legal action if the gut does not comply with your demands. Send it registered mail with a signature required. Many times that's enough to scare people into doing what you want. Also if you do go to court it would be the necessary first step anyway. It will cost a few bucks but it's the cheapest way to go by far. You can also ask the lawyer where any court action would take place. Since you are the plaintiff it might occur in your jurisdiction since that is where the you were wronged. Being an interstate case might effect that so don't quote me. Google would probably have the answer but if you file the case local to you I think he would get a summons to appear. Good luck and let us know how it goes.

[JWilde]

I was once a law student. Bailed when i realized its not for me.

Chalk this up as a hard lesson learned. You'll just spend a lot of time and energy in court, and in the end, you probably wont recoup the money because he doesnt have any.

Id say let it go.

[faux fiddy]

I've done a bit of legal work for myself.

I would think that as he advertises on the www  and the amount of events of the transactions(s) you could establish that he has an ongoing and systematic contact with your state, S.C.  You would have to establish this clearly for the court to sue him in your home state.

Then you would have to serve him, people like that generally do not answer certified mail. You would have to pay a process server to serve him the suit. You would name he and his business as defendants.

You would have to document every receipt for the amount you are asking. He would probably not show up in S.C. and you would get a default Judgment which you would have to collect through garnishment if he had any income, that would be done in the courts of MI.

A BBB complaint would probably do nothing other than give you some satisfaction, as again the guy doesn't seem to care or exist anymore.

[George_s]

If he's really out of business, down on his luck with multiple issues, you could threaten him all you want, but you're probably the least of his worries right now, and even if you were to eventually get a judgment against him, if he does have all these problems, in the end you'll "win" but not collect any monies. After a lot of time energy, and some expense in the end you might get your junk engine back if it's not already in a landfill.

IOW- JWilde said it succinctly.

[flatlander]

going to court won't be worth it in my opinion but a letter from a lawyer may get you something for not that much effort and expense. of course he may ignore it but if you want to try something and are prepared to lose a limited amount over it, you can at least try that.

[DaveBarbier]

Did you pay at all using PayPal? A complaint and opening a ticket could get you your parts and/or money back. I did this to a set of carbs and got my money back.

[BobbyR]

I have been around Lawyers so much I learned a valuable lesson. You can take him to court and you can win. What you get from the Court is essentially a hunting license.  You must find an asset he has to attach. OK, if he has nothing to attach, you are out of luck. If he owns a home you can put a lien on it. When he sells it you get paid, unless it is in his Wife's or someone else's name.

Some people figure out how to make themselves judgement proof. That is why I buy a lot of uninsured and under insured insurance.