What to do???

1031D · Jul 10, 2011

I bought a tractor from a former farming "partner" about 10 years ago. I couldn't find him to pay him as he was MIA due to some personal problems, so when I seen him next I paid him for it. He stopped in tonight saying that I still owed him $1000 and I had a week to pay of he was going to repo it. The deal was $3000 for a 1968 CASE 1030 WITH a JD 16' field cultivator. When I picked up the tractor the cultivator was nowhere to be seen so I gave him $2000 for the tractor and all was good. When he demanded money tonight I demanded my cultivator which apparently got cut up for scrap. There was no deal written anywhere, just word of mouth at the dinner table one night. I paid him with a check but being that it was 6+ years ago and at a bank I no longer do business with is there anything he can do? I need the tractor on the farm so hiding it is out of the question, and I did warn him that if he broke into my locked barn to repo it the sheriff would be looking for him. He took out a loan on his house and defaulted so that is why he popped up looking for cash. He has nothing to repay me with, I rebuilt half the tractor, and he has nothing to sue for if it turns up missing so what do I do? I probably got around $4-5000 invested in it so it aint going anywhere! Problem is he works for a local farmer who is a known crook and that guy owes me around $1500 from about 8 years ago. If the tractor ever left my farm I highly doubt I'd ever see it again. BTW, when I bought the tractor it had a broken manifold, brakes, steering spindle, alternator, needed batteries, front tire and rim, ect. so I think $2000 was a fair price.

fordtractorpro · Jul 10, 2011

some friend. I would talk to the sheriff and then an attorney

Ray · Jul 10, 2011

Maybe it wasn't his tractor to sell,could have had a mortgage on it.They could still take it.

paul · Jul 10, 2011

A chat with the sheriff might be a good idea. Get on his good side and so he's up to speed if something does happen.

Attorney costs money, if you got one you use a free consult might be ok, but really nothing for them to do but bill you unless something does happen.... Unless there is some question as to whom owns the tractor.....

--->Paul

Pat-CT · Jul 10, 2011

Get a BIG chain and chain it up to a tree at night, Install a battery
shut off switch that he cant find. Take the batteries with you. I
would go to the sheriff and tell him whats going on, and take your
batteries with you and chain it up at night.

Make him work for it if hes going to take it.

Tyler Jackson · Jul 10, 2011

Tell him no cultivator no cash. Then if he has a problem with that tell the sheriff and stay on shotgun duty.

Traditional Farmer · Jul 10, 2011

Statue of Limitations on collecting debts in most places is 3 years for oral agreements and 5 years for written agreements if no effort has been made to collect.Tell him to Buzz Off.And collecting your $1500 ain't looking too good either.

roy prins · Jul 10, 2011

i am always right and the other guy is always wrong is todays attitude -- pay the guy and hope he was right-- you will feel better about that and then its over- meeting people on main street should be a happy thing and some day you will thank God that you did your best and not the least -

1031D · Jul 10, 2011

The way I look at the $1500 owed by the crook and the missing cultivator is oh well, it could have been worse! I think I will talk to the sheriff in the morning and see if he has any advice for me. Since he caught me in a bad mood and interrupted dinner I did tell him if anybody seen him drive off it would be my ex-USMC neighbor and he is a pretty good shot. I don't really want anybody to get hurt but enough is enough! If you want to be dumb you gotta be tough!

TWL · Jul 10, 2011

In the long run it may be cheaper to pay the 1000. He may not get
the tractor but it's easier to get several little things not as
noticeable.It sounds like he feels he is due and will get something
one way or the other.

Tramway Guy · Jul 10, 2011

Call his bluff. Tell him to give you back the $2000, plus at least some of the repairs you made (I assume you have receipts?) and he can have the tractor back.
Or he can go to small claims for the $1000 he claims you owe.

1031D · Jul 10, 2011

Part of the problem is he doesn't have a pot to pee in or a window to throw it out because his wife threw it all out already! I was talking to my wife and dad about it and even if I did let him take it he could never come up with $1000 let alone $2-4000!

Anonymous-0 · Jul 10, 2011

Tomorrow morning first thing write down the serial number of the tractor and go to your bank and take a $500 loan out with the tractor as collateral. Let the bank deal with him if the tractor shows upm missing.. Wayne

dave9252 · Jul 10, 2011

(quoted from post at 18:59:55 07/10/11) i am always right and the other guy is always wrong is todays attitude -- pay the guy and hope he was right-- you will feel better about that and then its over- meeting people on main street should be a happy thing and some day you will thank God that you did your best and not the least -

So you'd be happy paying out your hard earned cash for something you never recieved and never will.
Me thinks god may do a lot of things, but not pay the bills.

He got money for what he sold, he's just trying his luck to swindle more.

ShadetreeRet · Jul 10, 2011

I always get a signed receipt from the seller in addition to any other legal paperwork, ie. Titles, etc. File it with my other papers. It's hard for a man to argue with his own handwriting.

37chief · Jul 10, 2011

Tell the guy to get the money from his employer, who owes you 1500.00. He will get his 1000.00 and tell him to keep the rest. Stan

flying belgian · Jul 10, 2011

Tell him he gets the 1000 when you get your cultivator or a comparable one.

Anonymous-0 · Jul 10, 2011

No cultivator and more importantly, nothing in writing. He'd have a real tough time in court with nothing to back up his claims. I think in this case the possesssion is 9/10th's rule would apply.

Phil in Pa · Jul 10, 2011

Six years ago?

He has no leg to stand on, the law would laugh at him about a transgression six years old.

Anonymous-0 · Jul 10, 2011

Fail to see how he can repo the tractor when you paid for it. The 1000 alledged owing was for the equipment which he did not deliver, so tell him to deliver it and you will pay for it.So the verbal agreement was 2000 for the tractor and 1000 for the cultivator.He then has to disprove it.
They say a verbal agreement is not worth the paper it is written on.

Organicfarmer1972 · Jul 10, 2011

Remind him you have a cashed check with his name on it and that will suffice a reciept absent any contract.

Then advise him if he ever steps foot on your property that you"ll have him arrested for Criminal Trespass.

Call his bluff and say you"ll be glad to meet him in court any day.

old · Jul 10, 2011

Tell him well if you feel that way then you own me storage fees of $25 per days or you could also go after it as he left it there called abandonment

Anonymous-0 · Jul 11, 2011

You did the guy a terrible injustice by not beating the living sh!t out of him and sending him down the road... Because of your neglect, he's gonna think he can pull the same trick on someone else and may end up getting shot.
Think I'd make it public tho. Haven't been in the States in a long time but have gotten titels for cars by running the vin thru the cops then putting info in the newspaper with a period for anyone to dispute (with proof of ownership (titel) ) Then getting a new titel from the courthouse.

Traditional Farmer · Jul 11, 2011

Being a good God fearing person doesn't mean you have to be Stupid and let others cheat you/

Anonymous-0 · Jul 11, 2011

When I took a business law course about 4 years ago, I believe I learned that a contract exists when there is a "meeting of the minds" by both parties involved. Based upon that, and based upon the fact that there was nothing written--including a bill of sale--the fact that SIX YEARS elapsed between the time the seller accepted payment and the time he came around demanding further payment, it would seem that implies VERY STRONGLY that the seller was PAID IN FULL for the tractor at the time the buyer wrote him the check, which I assume was accepted for payment.

In light of that...I'd let the local sheriff know what has been threatened, chain the tractor up at night so that it can be argued that you "exercised due dilligence" to keep your "friend' from performing an illegal reposession, and then tell your "friend" that if he wants the tractor back, you'll see him in court...letting HIM be the one to institute legal proceedings. If he can get an attorney to take his case--which I seriously doubt--THEN I'd also get an attorney. If the transaction falls under the heading of small claims court, in which a lawyer isn't needed, I'd still consult an attorney, if I was in your shoes.

I'm NOT an attorney, and my advice is worth exactly what you paid for it. If you WANT good legal advice, consult an attorney, and not some guys typing on a farm equipemnt discussion board...and be prepared to pay for said legal advice.

greenbeanman in Kansas · Jul 11, 2011

I have a little different take on this than almost everyone else.

I'm guessing that at some point when in the partnership you were friends. Rather than coming to you as a friend or former friend and asking you to lend a helping hand he instead is attempting to strong arm you for something you obviously don't owe. He is probably just too ashamed to admit that he is a poor businessman and too proud to simply ask for a handout.

Consider the former friendship if you have the money and give him the $1,000 and then ask him to never set foot on your property again nor speak to you. Make it clear that true friends or even former friends would never do that to each other and that apparently he was neither.

Karma, he'll get his in the long run.

dhermesc · Jul 11, 2011

You did the guy a terrible injustice by not beating the living sh!t out of him and sending him down the road... Because of your neglect, he's gonna think he can pull the same trick on someone else and may end up getting shot.

=================================================

Agreed.

1031D · Jul 11, 2011

(quoted from post at 22:36:25 07/10/11) You did the guy a terrible injustice by not beating the living sh!t out of him and sending him down the road... Because of your neglect, he's gonna think he can pull the same trick on someone else and may end up getting shot.

There is only one reason he is still able to walk right now, and that is because my 3 year old daughter was sitting next to me at the picnic table eating a cheeseburger off the grill. Before she was born a similar situation would have cost me the night in the crowbar motel because you got to stand for something or you will fall for anything. Everything I have around here I worked my a@@ off for and I am not going to let some washed up unemployed broke sh!thead waltz in here and take things. I looked him up last night on our state justice website and he is being sued for unemployment insurance fraud, unpaid taxes, credit card bills, power bills, and repo of his truck. He never had money problems until he got married again! He was a good friend, we milked cows together and farmed until he got sick, then we disbanded the dairy and I bought the 1030 after he got out of the hospital as he needed money to get back on his feet. He was an usher in my parents wedding, our families farmed together until his sister bought the family farm from their parents estate. He has started acting this way since he got remarried and every time he would stop over his wife calls to crack the whip so.............

Anonymous-0 · Jul 11, 2011

(quoted from post at 06:21:07 07/11/11)

(quoted from post at 22:36:25 07/10/11) You did the guy a terrible injustice by not beating the living sh!t out of him and sending him down the road... Because of your neglect, he's gonna think he can pull the same trick on someone else and may end up getting shot.

Click to expand...

There is only one reason he is still able to walk right now, and that is because my 3 year old daughter was sitting next to me at the picnic ..

You had a chance to shape her future and your role in it.

Now it'll be Daddy, johnnie took my lunch money and I didn't get to eat. And you'll have to call Mr and Mrs Johnnie and tell em a thing or two...

But it coulda been..Daddy, johnnie tried to take my lunch money but I kicked his butt and he won't try it again.... At which point you could just laugh when mr and mrs johnnie call you and say, "shoulda taught him better yourself"

:roll:

rockyridgefarm · Jul 11, 2011

I don't see how giving him the money will make any difference. If you give him the money for any of the reasons others stated, he'll figure you for a pushover and be back for more. I bet he's just looking for an easy hand-out and won't be trying to steal anything, but still...

Tell him if you see him near your property again, you'll assume he's stealing something and will do anything in your power to stop the theft. DON'T tell him you're gonna kill him or beat him, just that you'll stop the theft. Then talk to the sheriff to give him a heads-up on your situation. Talk to your neighbors as well. If you're gone and they see it or anything else drive out, they'll take notice vs. just assuming he's borrowing it.

1031D · Jul 11, 2011

Basically I didn't want to hear my wife yell at me for doing that in front of our daughter and I didn't want to beat up an old man even if he did back a bull into a corner, I will catch up to him later I do believe............

JOCCO · Jul 11, 2011

You could put a protection order, peace bond etc on him that way he gets arrested if he comes near your property or family.

Anonymous-0 · Jul 11, 2011

Most lawyers will give a free initial consultation. If it did go to court, the burden of proof would be on the other guy. It would be his word against the buyers word. The buyer could also counter sue for the value of the cultivator. I'm not sure if a statute of limitations would apply though. 6 years is a long time.

jackinok · Jul 11, 2011

simply go down to the local towing service and ask what they charge a day for storage, whatever it is make him out a bill for that amount for six years.send him a copy,and youll probably never see him again,if he says anything put a proper lein on it.if by some strange chance he pays,say thank you and go buy you a better one!if he comes up and says he still wants his money,take that amount off his storage bill.happens every day.shame these things happen between freinds and partners.but its nothing to get yourself in trouble for.

elmersooner · Jul 11, 2011

I agree with jackinok---my wifes uncle stored 8 cars for a fellow for years and finally sent him a storage bill... her uncle owns the cars now

RandyB(MI) · Jul 11, 2011

God gave you a brain and a backbone so you wouldn't have to bother Him with such trivial matters when He has much more important things to tend to. Use the tools He gave you and shame on any of you that would even bring the Lords name into this matter. God will deal with the person who let satan into his life later on.

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