need legal advice

[DIYGuy]

You might want to check out the Chinese Tractor Owners Association (www.ctoa.net) as there are quite a few dealers active on that list. Perhaps one of them can help you as they all know the ins and outs of importing these things.

 

[shado]

So, just about everybody wants to bring in the BIG GUNS? Why is that? Is there no initative here? So you've got 5 grand thrown out somewhere & 'wife' is not giving any more info out? I don't see enough details here, or is it just the spelling? Just a thought, but how about discussing the matter with the executor of the estate, which would be the person in charge of the affairs of the deceased, asking calmly (and it's important to remain calm here) about the specifics of the transaction & where the currency has ended up at. If your really getting nothing but a runaround after a week of investigating, then what is the maximum small claims allows for? Some states have increased this to $5K, others may be as little as $2K. But if it is anywhere near $4K, I would consider filing in that manner. I've been down a road with attorney fee's, paid a retainer up front of $2100. All it got me was the defendant filing bankruptcy after only paying out $600 from a $17,000 lawsuit, then skipping out on further payments to the bankruptcy court. No justice in that, and nothing left over from the retainer.

 

[Anonymous Poster]

Vince's passing is no scam and came as a great surprise to all who knew him and has devastated his family, especially his wife. I do hope that the problems do get worked out.

 

[Inspector507]

Getting things tied up in probate with a business owner can be a pain sometimes. In my heart I feel Michelle is not doing this to scam money.......she's probably having a very hard time sorting things out.
I do feel the "future Jinma owners" pain though. Hard to think you paid for something and now it sits up in Canada held hostage.

Just my thoughts though

 

[lisa]

Hello to all,
First I want to thank everyone for the helpful replies!!!!
Second I am trying not to panic and feel a little better after NellieBelle's reply which indicated this is in fact a sad situation with Vince's passing. I don't know how large the Tractor Barn Inc is but will pursue questions to the port issue, etc. Thanks again all.....think good thoughts while my yard goes unlandscaped and the fields go unmowed /forums/images/graemlins/frown.gif

 

[cpicton1]

Here is a link to a page about the passing of Vince.

Vince

 

[Pacesetter300]

Sorry to be a pessimist, but the fellow has passed away and even those who didn't know him are truly sorry. I just think it would have also been comforting to Lisa to let her know the truth of the status of her deposit. If Vince hadn't passed away, where was the $5000 coming from? Was Lisa's deposit used for funeral expenses? Is all the money tied up in Probate? If the passing of the business owner precludes someone from getting a refund, I think the buyer deserves much more of an explanation than she got. I stand by my comment of contacting the Michigan AG's office. Let them tell Lisa why she can't get her deposit back.
Pacesetter

 

[lisa]

Deposit???? I FOOLISHLY /forums/images/graemlins/crazy.gif paid for this thing and its attachments, assembly, and shipping, etc in FULL. I have the invoice indicating the same and Vince's last email to me on Feb 13th was that it had cleared customs and he was going to pick it up.
At any rate I have contacted the Mich Sec of State as a lawyer friend here told me to do last nite. I also previously sent a CRR letter last week to the Tractor Barn, Inc.

 

[frank_f15]

bought! paid for! and cleared customs, dealer was going to pick it up!!!! should be yours no more $$$$.

 

[froggy]

Lisa,

Keep us updated on your situation and what your attorney says. I think this will be good information to pass on to other TBN members in case they might run into a similar situation.

froggy