Tractor sale gone sour.

wroughtn_harv · Sep 30, 2003

Re: Tractor sale gone sour. Update III

Brent I hope you get your tractor back. Maybe with a little luck when they find it you might get an extra attachment or two. /forums/images/graemlins/smirk.gif

But if you don't get the satisfaction of seeing him see the inside of a jail let's at least hope that he doesn't profit from the event. Folks who operate on the edge like this character evidently does are working the odds not unlike someone playing the casinos. They figure their chances of getting away with it are on their side because most folks won't stick with getting their stuff back. Most folks will give up and the character only has to worry about using that neighborhood for a toilet for awhile.

I'm proud you're a tbn'r and that as one of us you stuck with it. Doing the right thing is probably one our most common character faults. /forums/images/graemlins/grin.gif

rdam · Oct 1, 2003

Re: Tractor sale gone sour. Update III

I imagine this guy has a fairly extensive criminal history related to various frauds. He knows how the system works and does not fear it. The tractor is likely gone. Getting your money (restitution) is possible but also not likely.

What you CAN hope for is a judge who will review this person's criminal history, and send him away for a couple of years in the State prison system, instead of the occasional 30 to 90 day County jail stints he's probably used to.

Make it your hobby. State attorney's drop cases where the victim is dis-interested. The squeaky wheel get's the grease so-to-speak.

Oh yeah. If the state attorney drops the case because the bad guy says he'll pay you back, It becomes a civil matter. If he doesn't pay, you have to take him to court. If you get the money in hand...well then...let the SA drop it. Otherwise, let the wheels of justice turn. You can always take him to small claims court.

jmc · Oct 2, 2003

Re: Tractor sale gone sour. Update III

If you type a name and city of residence into Google, it returns a phone number. I did this once for a friend's phone number and not only did I get a phone number but also all the family dirt from the local papers.(speeding ticket, Minor in possession of alcohol, etc) I would hate to think what one of those "search of public records for a fee" searches would dredge up. Might be worth it on this guy.

John

Tractors4u · Oct 2, 2003

Re: Tractor sale gone sour. Update III

This guy called me at home and his name came up on my caller ID but the number is a cell number. I used ebays contact information to obtain his home address. The county he lives in has a very good website for looking up the property value/taxes and such. I know who he bought his house from, what school district he is in and what day they pick up trash in his neighborhood. I also have a satellite photo of his place.

jpr62902 · Oct 2, 2003

Re: Tractor sale gone sour. Update III

Brent,

If this occurred in Ohio, I would file a civil action against this guy right now. The important thing is to be able to get service of process on the defendant. A year from now, he could have moved on to who knows where and then you'll never find him. Once service occurs, you'd wind up getting a default judgement against him (chances are he ain't showin' up in court) and then you could file a judgement lien against his real estate. Just my $.02 worth.

Disclaimer: This advice is given in the context of Ohio law only. The recipient should check the applicable state law, as jurisdictions vary. /forums/images/graemlins/wink.gif

Tractors4u · Oct 2, 2003

Re: Tractor sale gone sour. Update III

I am in Alabama and the perp is in North Carolina. He has been served per se. He was arrested and released on $5K bond. Right now it is a criminal case and if convicted, paying restitution is on the DA's list.

rdam · Oct 2, 2003

Re: Tractor sale gone sour. Update III

Brent,

With the satellite photo and a topo map, we could plan a raid and.....never mind.

On a serious note, you say he was arrested and released on a 5K bond. That's good. Did he pay cash or use a bondsman? Also, I'm assuming he was arrested on "your" charge. If so, what exactly was the charge?

Sounds like things are moving along nicely. The wheels of justice turn SLOWLY.

Tractors4u · Oct 2, 2003

Re: Tractor sale gone sour. Update III

He was arrested from the charges I pressed. He is charged with Felony Theft by Deception.

rdam · Oct 3, 2003

Re: Tractor sale gone sour. Update III

Outstanding!!! You may have to check the law regarding filing a civil suit AND accepting restitution payments. My experience with victim's receiving restitution is that it comes VERY slow and in VERY small amounts.

Good luck with it and nice work following through.

jpr62902 · Oct 4, 2003

Re: Tractor sale gone sour. Update III

I agree with rdam, restitution can be sloooooow. Besides, service of process in a criminal case is not service in a civil case. Having a judgment lien on someone's real estate can be a pretty powerful collection device.