Oh Brother

woods · Post by **woods** » Wed Nov 30, 2011 6:56 pm

Ya know what...sometime I am truly surprised at the actions of other folks.
I was served with a lawsuit today, for 5 grand. I had zero idea what it was for, it totally caught me of guard. I thought perhaps they had the wrong guy. Nope, they had the right guy.

So, here is the deal. A number of years back, I sold a guy a truck (4wd). I told him I had a set of studded tires that he could have with it, because I don't need them.

Well, he came to buy the truck, we got to talking away and we both forgot about the tires. About a week later, I stumble upon them and realized that was what happened. So I give him a call and tell him he forgot his snow tires and he could come pick them up anytime. Well, he lives a ways away, and he said he would pick them up the next time he was around. A full year goes by, nothing. I dig up his number and leave a message for him. No response. Another FULL year goes by. I have lost his number at this point and it's pretty darn clear he does not want the tires.

So...I sell them, they took up a lot of space. Of course...right after that, the clown shows up. I tell him I stored them for two years for him, got tired of them taking up space and sold them. They were only worth a couple hundred bucks. That is what I got out of them...So, I give him 200 dollars and send him on his way.

Over with right? Oh no...get this. He crashes the truck on an icy road and really wipes it out. This is of course totally my fault, because I sold his studded tires and the money I gave him was not enough to buy new ones. So he wants me to pay to have his wrecked truck fixed (no, I'm not kidding).

Of course it's ridiculous and of course once it gets into court it will be thrown right out...But that is not my issue. Now I have to waste my time dealing with this. How can you even file something so goofy? I mean, can I file a countersuit stating that he was so ugly that it traumatized my dog and now I have to pay for a K9 physiatrist?

I just don't get how anyone could think that it was okay to act this way. Just flat out kooky.

BobbyFord · Post by **BobbyFord** » Wed Nov 30, 2011 7:12 pm

Unbelievable

. What a friggin joker

Post by **Ranchero50** » Wed Nov 30, 2011 7:32 pm

I think it's only $75 here to file a lawsuit, another $30 or so gets the supeona moving so it's cheap enough for him, especially if you don't show up and he can figure out a way to garnish your income...

smokey3215 · Post by **smokey3215** » Wed Nov 30, 2011 7:38 pm

Thats the trouble with this world you cant trust anyone anymore. Everyone is out to screw you. I would have done the same thing as you and sold the tires.

BobbyFord · Post by **BobbyFord** » Wed Nov 30, 2011 7:43 pm

How about filing a countersuit for storage fees on the tires for two years

sargentrs · Post by **sargentrs** » Wed Nov 30, 2011 7:44 pm

That's ludicrous! Shoot! If it only costs that much, I'd show up in court and then countersue him for lost wages AND the storage fees because I had to miss work to be in court for his BS lawsuit!

jimmy828 · Post by **jimmy828** » Wed Nov 30, 2011 7:46 pm

what the heck is this guy thinking? He must be hurting for bucks pretty bad and will do anything to get it. I believe the only thing you have to worry about in this case is your days away from work and the pay that comes with it. Please keep us posted on this one. Would like to hear the outcome, and good luck !

woods · Post by **woods** » Wed Nov 30, 2011 8:04 pm

As shocking as it may seem...aside from actually being in trouble with the law (tickets and misc.) I have zero experience with this sort of thing. I have never been sued or sued someone myself. So, I am totally green going into this deal. I don't know what the laws are as far as getting money back from lost work, time, etc. So, I will have to do some reading.
See, another thing I really have no interest in spending time on. I guess this is a new spin on the "slip and fall" deal that con artists pull.
He really has no idea what kind of guy he is dealing with here. I would actually sell all my crap, close my bank accounts and move to a friggin shed in the middle of Alaska before I let him have a single penny. Yes, I will cut off my nose to spite my face. I'm very nutty about the stand I will take on things and the length I will go to.

70shortwide · Post by **70shortwide** » Wed Nov 30, 2011 8:14 pm

I can tell you for a fact that if I went through the measures you did to get those tires to him (calling him twice, and storing them for 2 yrs) he would not have gotten the $200 out of me! If I were him, after a month or so of no contact I wouldnt have written them off and assumed you would get rid of them anyway. scary people actually think like that...

chicof100 · Post by **chicof100** » Wed Nov 30, 2011 8:40 pm

Do you have a copy of the bill of sale? Is there anything in writing regarding vehicle and the snow tires. Was there verbage in the bill of sale that said "As is"?
Was there a time specified in writing for the pick up of the tires?
Did this guy put the truck in his name? If so when?
Can you get a copy of the police report regarding the accident? (Most likely he's at fault)
Now this guy is a complete idiot to even think this will hold up in court. (Length of time since he purchased vehicle)
It's obvious you'll win this in court. But prepare yourself just in case.
Good luck

68F100Merlin · Post by **68F100Merlin** » Wed Nov 30, 2011 9:00 pm

So this tool left his property in your yard for 2 years and it's your fault? The $200 you gave him absolved you of any further resposibility, his accepting the $200 says he agrees with that settelment. I would sue him for the cost of a new truck and hold it over him just in case he buys a scratch off ticket and wins a couple grand!

woods · Post by **woods** » Wed Nov 30, 2011 9:14 pm

No, nothing in writing about the tires. It was one of those "hey, you can have these tires I won't need" when he was standing in my drivway. More of an after-thought thing.
There was no time limit on picking up the tires or anything. It was really just me trying to give a guy a set of tires and really no thought went into it. Stupid I guess...I can be a bit over trusting at times, but this is kinda out there.

70shortwide · Post by **70shortwide** » Wed Nov 30, 2011 9:15 pm

pretty sure oregon has a statute of limitations where you have to act within 1 yr of being wronged. not that you need to add to the defense you already have...

fomocoguy · Post by **fomocoguy** » Wed Nov 30, 2011 9:36 pm

What an idiot. I think the best suggestion so far is a countersuit for storage fees.

One thing to keep in mind that I found out a while back. Sometimes a person will have an official (threatening) letter written up by an attorney just to try and get something out of you, knowing full well that nothing will come of it unless you give in right away. It could just be a scare tactic. Maybe a local attorney can give you a free consult on the merit of it all.

woods · Post by **woods** » Wed Nov 30, 2011 9:47 pm

fomocoguy wrote:What an idiot. I think the best suggestion so far is a countersuit for storage fees.

One thing to keep in mind that I found out a while back. Sometimes a person will have an official (threatening) letter written up by an attorney just to try and get something out of you, knowing full well that nothing will come of it unless you give in right away. It could just be a scare tactic. Maybe a local attorney can give you a free consult on the merit of it all.

I thought that, but this was handed to me by a cop, and it has a court date. So, I 'think' it's real.

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