Recognizing stolen equipment ???

   / Recognizing stolen equipment ??? #61  
Do all you guys by any chance wear T-shirts that say "Kick-me" on the back? lol

I knew a shrewd business man and he always spelled out C A S H, saying the letters one at a time sternly. My friend often think back and mock him when talking about our various used equipment transactions.
 
   / Recognizing stolen equipment ??? #62  
You do realize those are civil matters and not criminal, you could sue, now whether its worth it or you have a leg to stand on is another matter. Now I would sympathize in your case and to a point somewhat agree that those are flat out theft.

The problem with the legal system or what people dont understand is the legal system is designed to be fair and balance, yes I know it can be backwards and often times can favor the wrong party. But in your case' the legal system has no choice but to conclude at the onset that both you the plaintiff and defendant in this case' are both telling the truth, whether you like it or not or think you are right. The investigation/trial will then attempt to see who was right. The legal system isnt perfect but it' set up the way it is for a reason, unfortunately not every single situation is going to be figured out for somebody, even when somebody loses 100k.

In your cases I wouldnt transfer property off a personal check, and wouldnt be loaning 100k to anybody and if I did there would be a contract. IMO if people transfer anything of value without a firm paper trail they are just as wrong.

RE=Reading you answers and just wondering if you are part of the legal system ? Lawyer . Judge . small print writer. Maybe a college Professor
anyway the comment I made about bankruptcy was legal theift.
There was Legal papers of change of ownership signed by seller and buyer and payment with check. verified for amount held in bank.

My loan also had supposed legal papers that payment would be made.
but when some scroungy dog chooses to not pay and declares bankrupty seems all the lawyers . back out and nothing to be done but roll over.

ken
 
   / Recognizing stolen equipment ??? #63  
RE=Reading you answers and just wondering if you are part of the legal system ? Lawyer . Judge . small print writer. Maybe a college Professor
anyway the comment I made about bankruptcy was legal theift.
There was Legal papers of change of ownership signed by seller and buyer and payment with check. verified for amount held in bank.

My loan also had supposed legal papers that payment would be made.
but when some scroungy dog chooses to not pay and declares bankrupty seems all the lawyers . back out and nothing to be done but roll over.

ken

Listen I am with you and agree to an extent, just telling you what the law is. There is a lot of things in my mind that is theft but technically is considered by the law to not be theft, i have co-workers that show up to work every day late and get paid for it, that is theft too.

The issue is when you willingly give somebody something an exchange for X, and the terms of that deal dont work out it is a civil matter. Now you may not be successful but there are methods to obtain relief. Regardless of bankruptcy you should be able to get a judgement in small claims assuming your paperwork is in order, again if you went off a handshake then good luck, as like I said no reasonable person would believe either party without paperwork. There are other methods as well, mechanics liens among other things. People are shady and people get screwed all the time.
 
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   / Recognizing stolen equipment ??? #64  
anyway the comment I made about bankruptcy was legal theift.
There was Legal papers of change of ownership signed by seller and buyer and payment with check. verified for amount held in bank.

My loan also had supposed legal papers that payment would be made.
but when some scroungy dog chooses to not pay and declares bankrupty seems all the lawyers . back out and nothing to be done but roll over.

ken


That's all contract issues. Legitimate creditors are usually notified when someone files for bankruptcy so they may appear to defend their claim and seek reaffirmation ( a promise by the debtor to continue to make payments). That doesn't always go well for private individuals however.


The guy that drove off down the road then called to say the check was stopped .... that's theft.
 
   / Recognizing stolen equipment ??? #65  
That's all contract issues. Legitimate creditors are usually notified when someone files for bankruptcy so they may appear to defend their claim and seek reaffirmation ( a promise by the debtor to continue to make payments). That doesn't always go well for private individuals however.


The guy that drove off down the road then called to say the check was stopped .... that's theft.

yes and bankruptcy is not necessarily a get of jail free for them, it often gets them out of what they are in now but leaves an ever lasting mark.
 
   / Recognizing stolen equipment ??? #66  
At a shop of our's, had a man that needed a tractor fixed. Axle was bad. We gave him price on a new one. He said that was too much, but he had another axle in another tractor. He got it and we put it in. Charged the labor to his account. 90 days later no money. At about 110 days he brings the tractor back and said that the axle is out again. He wants it fixed under warranty. We explained that the part was his and there was no warranty. Gave him a price to fix it, he agreed. We fixed the tractor. He wanted to pick it up. We told him, we would have to have payment for him to pick it up. He came with check in hand. We loaded the tractor and he pulled out on the highway. Down to road, he called and told us he had already done a stop payment on the check that morning.
A former female acquaintance did similar for her son, I've never been certain if they were in the right or not. The son lost the axle assembly on his 6 month old Montana tractor... the bolts holding it together sheared off at the hub. It was covered under warranty but Montana said the work was worth X dollars and the dealer said that it cost Y, so the son had to make up the difference. She wrote a check, they got the tractor back, and she put a stop payment on the check as soon as they left the dealership.
I had done business with him when he was a transmission repairman before going into the tractor business and knew that after he shook your hand you'd better count your fingers to make sure that you still had all of them. He's also why I won't look at an LS tractor...
 
   / Recognizing stolen equipment ??? #67  
karma will take care of that stuff, and god will provide other customers to make up the difference
 
   / Recognizing stolen equipment ??? #68  
At a shop of our's, had a man that needed a tractor fixed. Axle was bad. We gave him price on a new one. He said that was too much, but he had another axle in another tractor. He got it and we put it in. Charged the labor to his account. 90 days later no money. At about 110 days he brings the tractor back and said that the axle is out again. He wants it fixed under warranty. We explained that the part was his and there was no warranty. Gave him a price to fix it, he agreed. We fixed the tractor. He wanted to pick it up. We told him, we would have to have payment for him to pick it up. He came with check in hand. We loaded the tractor and he pulled out on the highway. Down to road, he called and told us he had already done a stop payment on the check that morning.

The laws in PA changed over the years and bad checks and things like you describe could lead to felony charges being filed.
 
   / Recognizing stolen equipment ??? #69  
The laws in PA changed over the years and bad checks and things like you describe could lead to felony charges being filed.

Yeah, I don't get a warm feeling about stop payment. Why not resolve the issue before handing over a check with your signature that should mean honest intent while knowing you have no intention of honoring it? So the signer is dishonest from the beginning. Now who is the crook?
 
   / Recognizing stolen equipment ??? #70  
Yeah, I don't get a warm feeling about stop payment. Why not resolve the issue before handing over a check with your signature that should mean honest intent while knowing you have no intention of honoring it? So the signer is dishonest from the beginning. Now who is the crook?
So you try to do right, but he has your tractor for however many years it takes to resolve it. Meanwhile you are still making payments to the bank, and writing checks to the insurance company so that you don't default on the loan. You also are paying somebody to do the work which you intended to do yourself when you bought the tractor... Yes, let's resolve the issue in the court system.
The tractor I mentioned in my post above was purchased because he was trying to establish a business doing tree work... the tractor was making those payments. Without it, the little niceties wouldn't matter.
It must be nice to be independently wealthy, so that you can afford to tie up your time and money trying to get somebody to honor a contract.
 

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