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Tractor Talk Discussion Forum

Advise needed.

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Jed

12-03-2003 11:57:52




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1. About a year and a half ago I paid a guy by check for a backhoe. I got the backhoe, but the check was never processed. I am unable to locate them and don't really know how long a check is good for.

2. About 8 mths ago I had a guy show up wanting to buy a Farmall H from me. At that time the tractor was in pieces, but he put down a $900 depoist. I got the tractor runing, painted and back together. I have now called him on 6 seperate occassions, over a 6 week time period, to come get the tractor. He says he will be out on Sat. and never calls or shows up. I sent him a certified letter, but he wont accept it. What would you do?

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Charles

12-04-2003 17:19:00




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
Years ago, and maybe still in someplaces in this world a handshake was all one needed. In the rest of the world a written contract is a must. Repeat a must. Set the terms of the sale on paper and most all legal problems are resolved.



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Terry

12-03-2003 20:21:46




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
KEEP THE BACK-HOE AND SELL THE TRACTOR TO SOMEONE ELSE. You should not be held responsible for their negligence.



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Joe

12-03-2003 17:35:26




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
1. Put the money for the back hoe in a place where you can't spend it. If the guy comes back, write him another check or give him the cash. You have the back hoe, he deserves his money.

2. Put the $900 in the bank, if the guy ever shows up, get the balance for the H or give him his money back.

May not be what a lawyer will tell you, but it probably is the right thing to do.

Just my 2 cents.

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Dave 2N

12-03-2003 15:38:01




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
Ditto to what rustyfarmall said.



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Cosmo

12-03-2003 15:10:58




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
Maybe a five dollar per day storage fee would be in order if these inconsiderate people show up. But as another one said, see what your legal options are.



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Diesel

12-03-2003 14:18:38




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
i sold a man a 460 hi-crop about 18 months ago, paid me $1200 and never heard from him since, what would you do in this case?



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TomH

12-03-2003 15:12:19




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 Re: Re: Advise needed. in reply to Diesel, 12-03-2003 14:18:38  
Send him a letter telling him you are going to start charging $100/month storage. But maybe get some more professional advice that you'll get here before reselling the item...



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MapleStone

12-03-2003 12:45:33




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
I'm with Rusty on this one "Why can't these things happen to me?"

It is interesting to read about the "how long is a check good?" question. I was always told that a check was only good for 1 year from the date on the check. But now Thurlow says that he cashed one 30 months later. Hmmmmm mm Guess you had better check with the bank. Don't cancel it.


Boy I wish I could get a free backhoe!!!

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rustyfarmall

12-03-2003 12:07:16




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
You are joking, right? If only these things could happen to me. I would say that you have a received a free backhoe, and you have also received $900 for an H that you still have. I would keep trying to contact the buyer of the H. I think that surely time has ran out on the backhoe.



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kyhayman

12-03-2003 12:06:13




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
As far as the $900 for the tractor, you probably need to contact an attorney. Each state has it's own laws on how this should be handled. There are several options depending on what your state allows. Probably will have to re-list the tractor and re-sell. Then refund his $900, less any costs of the relisting.

On the backhoe, contact your bank and find out how long the check is good for. If it is no longer good I'd wait until he called. I write checks off after 2 years.

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paul

12-03-2003 13:56:54




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 Re: Re: Advise needed. in reply to kyhayman, 12-03-2003 12:06:13  
I'm with Kyhayman, sounds like good advise.

--->Paul



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thurlow

12-03-2003 12:06:01




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 Re: Advise needed. in reply to Jed, 12-03-2003 11:57:52  
1. Ask your bank how long the check is good for; my understanding is that there is no such thing as a "stale" check; used to be a 6-month life, but I think they're good indefinitely..... I just cashed one (very small) that I had misplaced. It was about 30 months old.....



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dhermesc

12-04-2003 05:42:21




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 Re: Re: Advise needed. in reply to thurlow, 12-03-2003 12:06:01  
Unless the bank is really sharp they will run the check through even if its years later - they don't look at anything but the amount and the routing numbers. Now if they ran through a 2 year old check and you brought it back to them they would probably reverse the process and get your money back, but thats not what your trying to accomplish here.

Couple years ago I screwed up and mailed a check run without signing a single check. There where over 20 checks, some made out for $20,000+. Crediters called complaining and I said just deposit them, if the bank calls I'll tell them to clear them. Every check cleared without a call, the bank never noticed.

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Jerry

12-03-2003 13:53:16




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 Re: Re: Advise needed. in reply to thurlow, 12-03-2003 12:06:01  
Some day the owner of the Back Hoe will pull into your yard and want it. The accounting is so bad in some bussiness that the bussiness will never notice non payment if the check is lost.



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