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Re: ot, need help on bad buyer


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Posted by John T on November 23, 2014 at 08:39:28 from (216.249.72.121):

In Reply to: ot, need help on bad buyer posted by high octane on November 23, 2014 at 07:32:30:

As an Attorney I get such questions and have no idea what your State or local laws are, so no warranty and I've also found Sheriffs aren't much help until you obtain a Court Order, but that being said here are a few things that come to mind.

1) For the bad check, file a complaint with the Prosecutors Office, many offices have a team of young deputy Prosecutors PLUS many offices have an entire bad check division ready willing and able to prosecute AND YOUR TAX DOLLRAS PAY FOR THIS NO NEED TO HIRE A PRIVATE ATTORNEY. In some jurisdiction you can be awarded treble damages for bad checks, ask the Prosecutor. Take the bad check with you and other evidence (see below)when you visit the Prosecutors Office TOMORROW.

2) Dig up and/or start a paper trail of any evidence you can find to establish your ownership of the tractor (Bill of sale or receipt and serial numbers would be good). Get a certified copy of the advertisement of the tractor for sale and any pictures of it on your farm or you on it etc etc etc GET WHAT YOU CAN FIND, whether or not its admissible is a legal question no need to worry with now. The fact you ran a sales ad and were given a check for it is pretty good evidence.

3) While the bad check route is the first offense and the cheapest one to pursue (Prosecutor is paid to do that) if legal action is required you would be seeking an Order of Replevin for the return of personal property that belongs to you.

If would take the check and sales ad and any and all evidence of ownership to the Prosecutor MONDAY MORNING. Keep a good diary and ledger and copies and any ownership evidence you have. If you need to bring an action for replevin, consult a local attorney.

CAUTION SELF HELP

In some jurisdictions, self help (go get it back yourself) is legal PROVIDED YOU DO NOT BREACH THE PEACE and that gets fairly legal and complicated. If you could just go get it and not breach the peace Id consider it HOWEVER that's more like for a car found on the public streets and repo men NOT in a garage so be careful.

FINAL CAUTION be careful of lay or Billy Bobs suggestions, as all states laws are different so what they got by with may NOT be true in your area (maybe not legal in theirs even lol). If you ask a trained professional attorney, there's a good chance he will advise taking the prosecutorial route (bad check and fraud and maybe felony or maybe treble damages etc) and a legal action for replevin.

CONSULT THE PROSECUTOR AND AN ATTORNEY BEFORE YOU TAKE ANY HURRIED ACTION even if Billy Bob or your brother in law suggest otherwise!!!!

Note how I dint get on your case for taking a check, no sense in beating that horse or closing the door after he escaped lol Just mark that one up to having to pay stupid tax, I paid plenty myself in my life grrrrrrrrrrrrrr

best wishes

John T Country Lawyer


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