Okay, let me just tell everyone the whole story. I need to know what to do, and how to do it.

This guy that was 27 moved from Cali to FL. He worked for Precision Porsche, and then he got fired/quit/ whatever there and came to Black Forest, where I was an employee at the time. Him and I became friends real quick and he ended up being basically a big brother to me. He taught me a lot about wrenching, yada yada yada. He gave me some tools, just to make my life easier and what not. We were hanging out all day at work, and after work. Basically, he became my best friend.

Well, he got into some problems with not getting paid and what not. He needed some money, so he pawned off a nice welder in my other good friend Mike's name. He did this because he was going back to Cali for a court case regarding some emissions crap. He didn't want the welder to go out for sale, so he was going to send my buddy Mike the money to unpawn it.

Well, he never came up with the money. He asked me if I would pull it out of hock for him. So I did. I figured, I have the welder, so when I get my money I will give it to him. Well, at the same time, I didn't have any reason to suspect anything either, so I ended up sending the welder to CA so that he can build me a set of headers for my 944 conversion to V8.

All is good, I go see him out there, we actually meet at Renegade Hybrids because he was working with them on a set of headers. I go back to FL, and we were walkie-talkieing each other, via Nextel. I am the type of person that almost always has someone with him, so most of the conversations were heard by more than just me.

I have ear witnesses that heard him tell me that he would build me a set up stainles steel headers for my 944. And that he was going to do that in exchange for me pulling the welder out of hock.

Well, week after week, the phone calls became less and less. Until about 2 months after, I quit hearing from him. I have not spoken to him in about 3 months now. I have left him numerous messages. And today, I left him a message stating he has a week to give me a call and settle this. If not, I am suing him.

So, now my question is Do I have a legitimate case? Can I file criminal charges? I believe he is on probation, and then I can make sure he pays for it, either with his time, or money, or both.

The clincher is this. He gave me a bunch of tools. A sorta nice drill press, bench grinder, assorted Snap On tools. Definitely worth more than what it cost me to take his welder out of hock, which was about $600. But, I did give him my horizontal/vertical bandsaw, that may or may not have worked, as I received it used and never had the opportunity to hook it up.

So, what can I do? I want to nail this bastard hard. He conned me, at the time, a 17 year old kid.

I don't want to hire an attorney, so I am thinking a judge judy type situation or something. Something just small claims. If I file here, where I believe the crime occured, the case will have to take place here, correct? And can I go to local authorities to file criminal charges?

Thanks guys. I am sorry to take up another spot on the message forum, but I was unsure of who to ask.

- Brett Smith

Send Cousin Guido or fuggetaboutit....suing is easy, winning a little harder, collecting is a bitch....

Well Brett, there seems to be a lot of lawer type advice around here lately. I have no legal degree, nor do I profess to be legal counsel, but I can say that hearsay evidence is not allowed in a court of law. You need written proof. Contracts of some sort. What your friends heard on your end of the phone conversation is not admissable in court. Chalk it up to a lesson in life that you paid for, and don't make the same mistake again. We've all been ripped off by our "best friends". We just try to pick our friends a little more carefully afterwards.

In the state of FL a verbal agreement is 100% legit. And it wouldn't be hearsay, because they heard him say it personally. They know his voice, and had conversations with him when I was done talking to him at that moment.

- Brett Smith

Well good luck any way, but I think your SOL.

Yep, that's what I say.

Keep the tools (whatever they're worth), forget the lawsuit (ain't gonna happen), and get over it; love hurts. This can either fester into one big open sore, or you let it scab over, heal, and hope it doesn't leave a scar.

Don't make me pull out the medical terms ...

I can certainly understand you being pissed off. But add it all up, what he gave you and what you gave him, etc... Did you lose that much? Chalk it up to experience and move on. Karma will win out in the end.

So, I finally talked to him today, after I left an a message threatening to sue.

He told me he has my headers and that he wants all the stuff that he gave me back. I told him that's fine, he pays for shipping and I get the headers first.

He told me that I send the stuff first. So I was like "You have already proven to be untrustworthy, and I will send when I get my headers. Of course he said no.

So, I told him the papers will be in the mail. Didn't mention anything about criminal charges, because I am not sure if I will be able to.

So, I am still unsure what to do. I don't want to ask my mom, because I don't want to get into it with her.

I just want to inconvience him in some way what so ever. Just make him have to fly to FL for a pretrial, or something stupid.

I added everything up mentally, and I did end up on top, but still. To me, that is mixing business and pleasure, and I do not do that. I asked him to build me those headers, and I would pay whatever he wanted for them. I wasn't asking any favors.

- Brett Smith

does he have a car or a house? if so, see if you can put a lien on it for the amount to get the welder out of hock.

Ok, you had to go and get the lawyer involved. First, you can not lien assets (real property or personal property) in another state that easily. First you have to bring suit in your home state. You can serve the Defendant under most state's long-arm jurisdiction (this means the contract was executed or largely performed in your state). Service of the Defendant must be accomplished by the rules of civil procedure - this means once the summons is issued you must arrange for service in the Defendant's state - usually by a process server, but your rules may allow for service by certified mail and/or by publication if you do not know where the Defendant resides. Screw up the service and the whole judgment may be set aside later. Most states allow for pre-judgment attachments only upon a showing that you most likely will win the suit on the merits. That seems 50/50 with the facts you have stated. And the attachment/lien issued in your home state does nothing in the Defendant's state. You would have to bring a second law suit in his state to enforce any judgment rendered in your state. After all this verbage, litigation is to recover money, not to harass the Defendant. There is not enough money involved here to make it worth while for any one. Forget about it and move on.

let me see if i have this straight. you pulled the welder out of hock for 6 bills. he gave you tools worth more than the 6 bills. in my book you're ahead at this point. you considered him a mentor and a friend and he's blown you off, you're upset over that. friendships come and go. how much anxiety is this whole matter worth? the welder is gone, you have the tools, let go off the anger and wrench away

kevin

Pure Zen right there.

As we get older, we come to realize there are a lot of very good fakers in the world. A good part of the wisdom of maturing comes from learning to deal with the disappointments of getting hosed by somebody you trusted without losing the ability to trust.

Let it go dude. Lesson learned. You will not get the satisfaction you are hoping for by actually going after this A-hole.

Geez, blow it off.....go have a six pack and get laid,....

Thats the best advice I've heard in a long time!

I understand ya guys. I need to let it go. But it just pisses me off the more I think about it.

- Brett Smith

actually, what might work out even better is if you contact the guy and apoligize and explain that you just got bent due to him blowing you off........

Who thinks while getting laid????