Small claims court

[00WHTSC281]

I sold a king cobra clutch and a billet steel spec flywheel on CL. This is a $200 clutch and a $300 flywheel. Its all new and been in my garage for about 2 years. The clutch fits 86-01 mustang gt's. Thats what I write in the add. I say I also have a Spec flywheel. I did NOT specify a year. I sell the pair for $250. Basically giving it away to get it out of the garage. I even drive about 30miles to meet the guy. The next day he sends me a text saying your flywheel only fits 96-04. You cheated me. He says Im taking you to small claims court to get my money for the flywheel back. You intentionally miss lead me to make a profit! Court would be in Lexington KY. Thats a 120 mile drive for me. Plus I would have to miss a day of work. He paid $55 to file the claim for $125. He said it was worth it because he wanted to get me back for screwing him so bad! WTF!

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[oldmodman]

Ignore him.

It will be very difficult for him to have you served. Just don't answer your front door for a few weeks. And ignore any notes from your postman saying you have a registered letter.

I attempted to have someone served for a small claims court matter a few years ago and he successfully dodged all attempts to serve him.
I eventually got him by following him to find out where he worked. Then had him served there. I doubt that he will travel that distance to try and serve you.

And the most important thing of all. Lots of people threaten to sue someone. Almost no body ever does.

 

[CobraBob]

Big mistake on your part for not stating the application years for the Spec flywheel. I don't blame the guy for being ticked off. Post up the exact ad as it was placed in CL. From what you posted, I would have assumed as well that the flywheel would fit the same year range. Had you posted the years, this particular buyer would have passed on this or asked for a price on just the clutch, as the flywheel would be of no value to him since it wouldn't fit his car. It might be too late, but I would refund the buyer $150.00 (the value of the flywheel which is 50% of your stated retain price) since you failed to list the application years. You can also ask him to return the flywheel but I doubt at this point he's going to do that. He ticked off. Work with him and you might forgo small claims court. If he does serve you, you'll likely lose the case in court and the judge will have to determine the monetary award for the buyer.

My advice for the future is ALWAYS state ALL application years for ALL parts you're selling. Or clearly state that the application year range applies to all of the parts. That keeps it nice and neat for both you and any potential buyers.

 

[Mr. Mach-ete]

I guess the fool didn't have enough sense to determine what he was purchasing was going to work for him. Now that his brain has failed him he wants you to pay the price, people amaze me.

 

[PSUCOBRA96]

if the purchase was made where you live then he did not file in the proper venue, he would have to file the claim in your county. He doesn't get to just file where he lives, it doesn't work that way.