Originally Posted by boonesracing
this is what we traded for and did not receive. we did the trade on 8-07-2008 and then it took until 10-01-2008 to get a junk motor. and we shipped out the blower in august and then in september another ad was posted by toTrade containing all the same information below including my blower and everything i sent with it and a car. ad # 1308745.
4 Bolt Main Block (Two Piece Rear Seal), Eagle 4340 Forged Steel Stroker Crankshaft Assembled With H-Series Clevite Rod And Main Bearings Eagle H-Beam Bushed Connecting Rods W/ARP Rod Bolts (Good For Over 700HP) High Performance SRP Forged Pistons 11.0:1 Compression, Hand Filed Performance Rings, Three Piece Billet Double Roller Timing Set, Crane Performance Roller Camshaft, Crane hydraulic Roller Lifters, Performance Heads 64cc With 230cc Intake Runners, Stainless Steel 2.08 Intake Valves, Stainless Steel 1.60 Exhaust Valves, High Performance Valve Springs And Retainers, 7/16 Screw In Studs And Hardened Guide Plates,Manley Chrome Moly Push Rods, 7/16 - 1.6 Aluminum Roller Rockers, Engine Assembled With All Brand New Bolts, High Volume Oil Pump And Screen, Chrome Oil Pan, Chrome Dip Stick And Tube, Polished Aluminum Timing Cover Professional Products SFI Approved performance balancer, Fel-Pro Performance Gaskets, The Complete Rotating Assembly is Balanced Edelbrock Victor Jr. Intake Manifold Chrome Thermostat Housing, Holley street avenger carb. MSD 8.8 Wires, AC delco plugs, Mini starter 2.5 hp, Crank is ballanced w/ 5oz moly.
ad# 1280424 seems to be gone.
ToTrade (user forum) = RiceisWrong (seller profile)
Buyer Boonesracing, any chance that you took screen prints of the ad and description before the trade? A print of the web page should contain the URL on the bottom
and a date. This would validate the ad and what was listed, before any changes.
Take the ad as stated and the motor to your machine shop. Have them disassemble the engine and compare the parts as removed to the parts in the ad. While the seller may claim the item may not be the one shown, he is
obligated to provide the parts in as stated condition. If there is no hardcopy documentation appending the ad before you paid then the sale item is as stated.
My assumption is that based on pics, you did not get what was advertised. Did you pay with a USPS money order? If you have been able to prove that what was sent was not what was advertised and used a USPS MO, I believe that is mail fraud.
Same procedures now apply-Notify his state's attorney general officially as to what has occured. If he is an LLC or any official business with a separate EIN then you can file claim-again I believe.
Contact USPS and report the mail fraud if applicable.
You claim to have an attorney-thats good
and expensive.
Call your local court house and find out home much can go through small claims court. File a claim there. Its usually pretty cheap. Find out if you can have him served with a summons-since he is out of state see if it can be transferred from your local sheriff to the sheriff in his county. Ideally you want him served at work so that everyone at his business knows about it. Require him to defend in your state-its unlikely he will show, so you should get a default judgement-then when you do request a garnishment of wages-transferred to his state.
The thing about the threat of legal action is the other party will always bet that you wont follow through so you need to do some homework and chase him on your own first-each move you make must be well thought out and require that he make a precise counter-move.
Since you made a trade and he made a sale-possibly at a profit-discuss with your accountant to see how you need to report on your taxes and
if you can, report him as the buyer to ensure that he is completing 1040 and attachments correctly-Not sure if you can connect him to your deal officially-but try. The IRS sniffs like a hound and if they catch wind that he is not reporting income, they will do more damage then your attorney ever could.
Dedicate yourself to the pursuit and do so at 100%, most people dont have the stomach for a war-
make it one.
I cant gaurantee success but I can gaurantee satisfaction.
Later,
Scorp