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  • claymore504

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    9   0   0
    Dec 2, 2008
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    Katy, TX
    Do you have any proof as to your transaction? If not even in small claims court it will be hard to prove. Your word against his.

    This has happened to me regarding work I've performed for plumbing, and in my opinion it's not worth the hassle. And it does sound like you're on your way to a degree from the University.

    Proof is what I am worried about. I think i screwed myself. I listed this lift kit on C-list for 300.00 dollars plus stock parts to put my truck back to stock. He gave me 200.00 cash the day we traded the lift for the stock parts. He sent me a text message saying he can give me the other 100.00 the next day when he got paid. I called him back and said ok. The next day he got sent to west Texas for work and was gone for a week. He called me and said when he got back he would pay me. The next week when I heard nothing I called. Phone was no longer working. I have gone to his house 3 times and found someone home once. The person said he was gone with his girlfriend and did not know when they would be back. The little moron could have been in there for all I know. His truck with my lift is sitting at the house. It has bald tires and no inspection, so it just sits there. So here is the only proof I would have:

    1. My c-list ad stating what was for sale and how much.
    2. His reply saying he wants it.
    3. His text saying he will give me the other 100.00 later
    4. I also think I still have all the reciepts from when i purchased the lift kit origianlly
    5. Pictures of my truck with the lift kit on it.

    I would like to talk with a lawyer before I waste my time to see if I even have enough proof.
     

    TexasRedneck

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    In small claims court, you'll likely prevail, because the burden of proof is much smaller. You have the listing AND his message acknowledging the debt. Don't think there'll be any doubt. Might ask a cop about a Theft by Deception charge. If they'd be willing to even TALK to the guy, it'd likely scare him into paying.
     

    whit128

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    Feb 14, 2009
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    Central Texas, Williamson County
    That would be official oppression on the part of the officer, this is civil and should be handled accordingly. Even if you filed in small claims I doubt that this loser would even show so you would win a judgement but is the money worth it.
     

    claymore504

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    In small claims court, you'll likely prevail, because the burden of proof is much smaller. You have the listing AND his message acknowledging the debt. Don't think there'll be any doubt. Might ask a cop about a Theft by Deception charge. If they'd be willing to even TALK to the guy, it'd likely scare him into paying.

    This is what I was hoping to do, but I was not sure if LE could go talk to him based on this. What is the deal with OO?
     

    claymore504

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    I can tell you that this officer after being told the situation and knowing that it is civil would not "scare" the other party into compliance as this would be official oppression.

    I was not wanting him to go over there and tell the kid to give me my money or else. I just thought an LE officer showing up and asking what is going on and then telling him I have the right to file a civil suit would make him think this is serious. But, thanks for the info. This what I wanted to know.
     

    txinvestigator

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    I just thought an LE officer showing up and asking what is going on and then telling him I have the right to file a civil suit would make him think this is serious. .

    That is not the function of the police.

    I think you have received pretty good advice here. I hope you recover your money.

    There is a lesson here..............................
     

    TexasRedneck

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    There's lots of things that police "aren't for" that they get involved with anyway. In this instance, the officer might decide that someone shady enough to try a stunt like this might be involved in other activities, and going by to discuss the theft by deception accusation might give him insight into other activity the guy is involved with.
     

    whit128

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    Theft occurs without the owners effective consent, so if you make a deal and then let your property go with an agreement it is not theft. It does not fit the elements for any criminal act. I know of a lot of banks that would love to have an officer "check by" and remind the consumer he needs to make a payment on his car, house, credit card, boat, etc.
     

    TexasRedneck

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    Hey - do as ya wish. It was agreed to release the property to him based upon a specific promise that he obviously doesn't intend to keep. Had the seller known that, he wouldn't have agreed to it, which tends to push it into the theft by deception, IMO.
    He asked for options, I gave him one. The cop may well tell him "no" - but even if there's only a report taken, it could bolster his position.
     

    SC-Texas

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    Might be driminal from the wire fruad angle or Fraud angle.

    Would be worth trying to get a Deputy interested.

    He will probably tell you its civil.
     

    JKTex

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    Mar 11, 2008
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    Ya, you might get the Sheriff to go by an rough 'm up a bit. That works well in modern times.

    Oh, and passing cash and item hand to hand with a verbal agreement isn't wire fraud or mail fraud, it's character fraud. There's no criminal law against being a scum bag that lies.
     

    Texsun

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    You mentioned the truck has no tags on it...It can't sit on the street or driveway without proper tags, Call it in to the city and have it towed......
     

    claymore504

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    You mentioned the truck has no tags on it...It can't sit on the street or driveway without proper tags, Call it in to the city and have it towed......

    Now that is some good stuff!!!! LOL It has no inspection sticker and the regestration is expired. He lives in Katy. Would I call the city of Katy?
     

    Mark F

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    Aug 21, 2008
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    I'm tying not to be overly critical of you here, but letting that guy have the lift kit before he paid you in full was just plain STUPID on your part.

    Never release an item to anyone until the entire payment is in your possession, ESPECIALLY someone you don't know...

    *** Lesson Learned ***
     

    claymore504

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    I'm tying not to be overly critical of you here, but letting that guy have the lift kit before he paid you in full was just plain STUPID on your part.

    Never release an item to anyone until the entire payment is in your possession, ESPECIALLY someone you don't know...

    *** Lesson Learned ***

    Trust me. I have seen the eroor in my ways. He has pretty much ruined it for future business deals I make. I will have no leniency from here on out. I have learned a few things the hard way in life and this was one of them. Lesson learned indeed.
     
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