need legal advice

lisa · Apr 5, 2003

Help! I bought a Jinma tractor from a company in Michigan. Paid by check (cashed in Jan). Things were going somewhat smoothlyuntil the owner of the company suddenly died. Now the wife says there is nothing she can do as some port wants $5000.00 (it came the Canada) to release the tractor and she doesn't have the money. sooooo, What can I do?
Thanks, Lisa

RoyJackson · Apr 5, 2003

Boy...this is a real problem!!!!

And, you need to talk to a real lawyer.

Lisa, you'll get opinions here, but the sooner you go to a lawyer, the sooner your problem will be resolved.

JDGREEN4ME · Apr 5, 2003

I agree with Roy...you need to get a lawyer as soon as possible...

yooperdave · Apr 5, 2003

Hi Lisa,

Have you and the seller done everything possible to resolve this problem to date?

Though you will probably need a lawyer, it would be good if you both could resolve the problem first.

Once the lawyers get involved, everybody (but the lawyers)will be drained of their resources. These resources include but are not limited to time, money, loss of use of the tractor, and emotions.

If you get a lawyer, get some references. Integrity comes at a price.

Good luck

Yooper Dave

froggy · Apr 5, 2003

Lisa,

I agree you need to see an attorney who specializes in "commercial transactions" and "probate" because of the death of the owner. When the estate goes to probate, the estate will advertise in the local "legal newspaper" requesting notices of claims. This is not always known to the general public.

It is well worth the attorney fees because of the money you have tied up in this matter. Contact the local bar association in your city or the state bar association in your state and they will refer you to an expert in these matters

froggy

normde2001 · Apr 5, 2003

Lisa, I am also no lawyer, but you should definitely hire one and file a claim on the deceased seller's estate. It was not a good idea to pay the full amount, nor should the seller have cashed the check til you "saw the whites of it's eyes". This is, of course, assuming you already paid a fair amount for the tractor and an additional $5,000 would be out of the question.

BillyP · Apr 5, 2003

Lisa, if you know your local legislator or senator, give them a call. You definitely need legal advice. Since most politicians are lawyers anyway, give them a shot. They can't take your case but they can certainly get you to the right starting point.

I don't know how much you paid for this tractor but legal fees could end up costing you more than what you have in it now.

Whatever you do, do it in a hurry.

Good luck

Anonymous Poster · Apr 5, 2003

I too am no lawyer, but I think you need to find out who "some port" is and make some contact with them as well.

frank_f15 · Apr 5, 2003

broached this question to my daughter(attorney /forums/images/graemlins/blush.gif) she say u need to get lawyer, but #1 was this from a dealer? #2 the port fees should have been figured into the cost.#3 u need an attorrney!!! #4 she thinks you might be getting snowed. think about it. if u buy a car and pay for it and the owner dies do they resind on the purchase? be careful here. wish i could help more.

Pacesetter300 · Apr 5, 2003

This sounds like some kind of scam to me. I would get on the phone Monday AM and get in touch with the state Attorney General's office in Michigan. They should have a consumer fraud division that will get right on this. To hire a local personal lawer, he will in turn have to hire another lawer from Michigan to proceed in those courts. I would also get in touch with whoever distributes Jinma in the US and find out the status of this dealership. Good Luck
Pacesetter

DIYGuy · Apr 5, 2003

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 · Apr 6, 2003

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 · Apr 6, 2003

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 · Apr 6, 2003

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 · Apr 6, 2003

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 · Apr 6, 2003

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

Vince

Pacesetter300 · Apr 6, 2003

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 · Apr 6, 2003

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 · Apr 6, 2003

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

froggy · Apr 7, 2003

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