Need Advice on a deadbeat buyer

I need advice...I sold a set of wheels to person a couple of months ago. The person saw my ad on the rennlist and offered me my asking price. He lived locally in my town and came over with 1/2 of the money. He said if he could take all four wheels, he would pay me the remainder the following week. I know I shouldn't have done this, but I let him take the wheels. The next wek came and went and I never heard from him. I called him and he said that he was having money problems and would like to pay me over time. Once again, I thought we have all had tough times, and this was during the Hurricanes, so I let him set up a plan. The first payment date came and ofcourse no payment. I asked for my wheels back, but with no success. I spoke to an attorney and my only recourse is small claims court, and even there the court can't make him pay. Any suggestions...I thought about sending Bruno, but the way my luck is running, I'll end up on exposed on some Dateline special investigation....

Sounds like you may have just learned an expensive lesson - one that we all hope never happens but sometimes does. Anyway, the best thing you can do now is expose the name of the individual and maybe this can ellicit some sort of a response from this guy. good luck

That is exactly what the attorney said. His name is Michael Burckhalter and he has a 944. He lives in Orange Park, FL. Seller beware!

I really hate when these things happen. Part of having a community such as this is being able to trust fellow members. You might as well post his name in the 944 forums as well. Maybe even check with admin to see if they can ban him? I really think people like this create a bruise on an otherwise wonderful community. Good Luck Jeff

I don't know if he is a member or not, I have to realize anyone can shop the classifieds. If he is member, I hope someone make a not of it. But I have to think if he won't pay for my wheels, he most likey wouldn't have paid for a membership here either???

just take it as a lesson and move on, from what you've described it seems you've recouped at least 60-70% of the value anyway.

Get Bruno to go and repo the wheels while buddy is sleeping.

Personally, I'd show up at his house, kick his *** and hand it to him. Then take the wheels back and also keep whatever dough as payment for your time and trouble. As someone who is in business for oneself, the #1 rule is never hand over the "goods" until payment in full is recieved. Very few of my clients are on credit terms, and the ones that are have gone through a full credit application and references / bank contacts. People are far less motivated to pay you when thay have what they need. This is just human nature. I any case... I feel your pain !!! t

I wanted to do that as well, but my wife talked me out of that. She said I'd most likey end up in jail or a law suit. Isn't that ironic, I could get in more trouble than him and i'm the honest guy.

Your wife is smart. Its just a set of wheels, not worth wrecking your life for.

That sucks. Just wait til he put them on his car and come by at night with a ninja suit and take those wheels back or get bruno to hold him down at his house while you transfer them back to your house. What kind of wheels were they? Hope its no HRE's/kinesis/fikse, etc...

No just a set of OEM C-2 Turbo wheels. I would be having a baby if they were higher prices ones.

Why wouldn't you sue him in small claims court? It's cheap, not hard to do, takes no time, and chances are he will pay before the court date. If you win, you can then freeze, or seize, his assets, including his car. The judge may rule that you can get your wheels back. In the amount of time you've spent on this thread, you could have filled out the paperwork Roy

i'd suggest that this jerk not be allowed to get away with it. maybe a nice, daytime, non-confrontational visit to his home would do wonders for jogging his memory. if he's not there, i'd have a nice note prepared on your lawyers letterhead 'reminding' him of the unpaid balance....drop that in the mailbox. or send it registered so he has to sign for it. sometimes just the appearance of things being 'legal' scare people enough to get them off the dime.

Something else just dawned on me. If he paid for 1/2 of the wheels, then he paid for 2 wheels and has not paid for 2. If you have 2 wheels that belong to someone else, and refuse to return them, it's "theft by conversion" in some states, a criminal matter. You might contact your local police department and see if you can swear out a warrant for his arrest. You would need to be careful in your wording. He did not pay 1/2 the amount, he paid for 2 wheels and stole 2 of them... If you decide to send him a letter, I would include some verbiage about "theft by conversion" in the document. Your lawyer should be able to help you with specific wording in your state. Good luck. Roy

name names

And if it does qualify for "theft" then he is well over the $500 threshold between misdemeanor and felony theft. Don't just sit back and "learn your lesson" since that is what he is hoping for. Get your money or wheels back legaly or by other means.

It would be a shame if his tires accidentally went flat overnight. that could cost him more than paying for the other two wheels. Does the guy have a wife? Try approaching the wife for the money. I know my wife would get all over my a$$ if I didn't pay someone, especailly if they were showing up on my doorstep for payment. You also might see if he is a PCA member and see if he shows up at any local events. If he realizes you are gonna be a part of his life until he pays you, he might give in or give back.

this kind of scum is generally not found in PCA, but who knows.

Small Claims court will not make someone pay, they just make a judgment. If the person still refuses to pay, you get nothing and now you are out the court costs! That sucks!!!

Court cost here in CA is only $20. You just need a buddy to serve him the with the papers. Something to think about...

With all due respect, it sounds like you are well versed in all the reasons why you should do nothing If the court gives you a judgement against this guy, you can go after his assets, and put it on his credit report. You know he has a car, and some wheels. In addition, there's a good chance he will not want it to go that far... Even if you don't collect, he will have it on his credit report for 7 years! Good luck. Roy

I agree that small claims can only win you a judgement and does not force the convict to pay but a judgement does show up on a credit report. So the consequences of his having an open judgement should not be underestimated. I agree with the other posters who encourage you to keep going with this. So many times these people hope you just dissapear and when you become enough of a pia they cave in. And even if you don't get anything but the judgement at least you have made him suffer some repercussions. Best of luck.

Sorry about the luck. Does this guy frequent the 944 forums or do you know his screen name? Post this over on the 944 side, perhaps one of the other listers knows him and can show him the errors of his ways.

Jim --- I'm not sure about the particulars, but I believe that here in FL you can file a lien on just about anyone for just about any legit reason. You'd have to check w/ your local minicipal clerk of the courts to see what the associated costs are, but it might be worth at least threatening him w/ it. If you are friendly w/ any of your local law enforcement, is there any chance that you can simply accuse this asswipe of theft and have the law pay him a "friendly" visit? fwiw..... Jeff

I bet Judge Judy would make him pay. Seriously though- I've never heard that small claims won't make someone pay? I went to small claims after a few teenagers broke into my car and stole the radio, CDs, tools and a few other things that totaled around $600 dollars. I got back what I asked for; different circumstances, but then again, not really. Evidently it varies from state to state.

in the end of the day, "we" are talking for an amount of money that this guy owes you-or as previously stated 2 stolen wheels cause he did pay only for two... you need thouh to be a little bit more sceptical about this...to my opionio of course... i have a feeling that this amount of money- since it is as well half of it...shouldn't cause you any problem at all...UNLESS u are desperate for some reason about this money. (if so i do appologise) this kind of people are everywere....somewere...and most of us have been in that kind of situation somehow... try not to think about it...cause the only thing you are getting back is time-mind consuming thoughts of how to revenge... i know that this situation at the moment, hurts, and this is because u would never do something like this..... carry on...