Sorry to post this, just need some advice from the HAMB jury,if it's too off subject please delete. now on the the problem! we had a race car trailer for sale, on a race car web site that stated " home built ramp over trailer". we sold it for 3,000 dollars. it was a used tralier. pictures where shown, discrition was given. a guy from south dakota calls and says he'll take it, could i meet him in KC MO?. im going to KC on friday night so ill meet up with him on sat. he meets me at my event, gives me a cashiers check. i send him to the location ( my hotel ) to pick up the trailer. he gets it and heads home. sunday he calls and says it's not really what he wanted. sunday night he calls and says he talked to his banker and put a stop payment on the check, keep in mind he has our trailer in south dakota and we're in joplin mo, with no money or trailer.he said he'll return it maybe this weekend, when he can. we spoke to the banker lady in sd and she said that as a client she has to stop payment, but as he still has possion of the goods she would have to back us in a legal matter. So has anyone ever delt with a an issue such as this? advice? thanks .
never, he has the trailer, ***le. this would have to be a lawyer deal. unless he returns it immediately. to your residence. not to where he picked it up.
This stuff happens all the time. I just sold a car for 13k ,the guy didn't like the cash part but he wanted the car, he brought cash. As for your problem I think if you get the trailer back without any damage you will be lucky. You need to ask yourself when selling something like this ,why in the world would someone drive by 300 other trailers for sale and buy mine ? My guess is he was buying a car in Mo. and wanted a trailer to use to bring it home. Consider it a learning experience. best of luck
See if the FBI has an interstate fraud division. Inform the guy that you want the trailer back immediately. Call the police in his home town as well and file a police report, and one with the state police. Paying for something with a check, taking the goods and then canceling the check is check fraud. (You may have to explain it that way to the police) -Brad
Call his local police department imediatly. You want an official record of everything when you take him to court.
Well not to be critical and please don't take my observation as an insult, but you should never take a cashiers check on any deal. Cashiers checks are easily faked with all the software out there. Been some very bad deals where these checks look legite but come back as a fraud. Cash is king! I've sold cars across state lines for thousands and always cash. Never a problem. Now you have a real serious issue. Possesion is 9/10 ths of the law. This is a civil matter now and can get to be expensive and agravating. Wished I had more encouraging words but I don't. Hope this guy returns this to you and it works out. Keep us posted on how this turns out. Good luck.
What Brad54 said. One phone call from the FBI and I'd bet you'll have your trailer back just as soon as he can get his shorts changed and drive to your house! The cash clause is non-negotiable for anything I sell. Even then I get nervous that there could be at least one dud in a stack of hundred dollar bills. Good luck.
checking into this. i asked for advice, no insult at all. i know its not a fake, as i spoke with th ebanker at the branch. another lesson learned is dont, if ever deal with small home town banks, they just dont have the horsepower of teh larger banks when matters come up like this.
Next time..... open a savings account (no charge) have the buyer do a cash transfer. Take out the cash and close the account then give him ***le/possesion. Cash used to be the best way but always the chance of counterfeit bills being slipped in. Terry
Did it have a ***le? If so, I'm pretty sure it is interstate highway theft if so. Probably any type registration w/license plate makes it that. I would contact the SD DMV as well in case he tries to register it. I'm not sure what your procedures are out there in terms of ***les and trailers and such. As for reporting it I wouldn't stop at just his local police, I'd make a report with the MO highway patrol as well as the SD highway patrol and probably even the local police department where the exchange of trailer for check took place. Basically it is considered stolen at this point. Make as much stink and bother for this guy as possible! Good luck, keep us posted!
It's called "larceny by conversion", and the trailer should be considered stolen. Since you "gave" him the trailer, unless you have a signed sales agreement, you may be minus one trailer. I'd contact the police in his home area. Good luck.
a cashiers check now days is just as bad as a personal check. It still takes 10 days to clear and it can be stopped. As far as your deal good luck. Dave
What town in South Dakota? Myself or some other HAMBer in the state may happen to know the gendarmes in this dudes town. Get you in touch with an officer to talk to.
If the guys is coming to meet you and pick it up... why didn't you just ask for cash?? kinda like a "DUH" moment...
make him get cash and tell him if it makes him comfortable you can do the transaction at the police station
sounds like he just rented your trailer for FREE!...or that was the way i see his plan besides..i would have pointed to the nearest bank and told him to go cash it and come back and give me cash..no excuses these days for anything less than cash,..hell banks are on every dam corner these days
I know somebody locally who went through a similar problem with an online transaction. After the vehicle was gone and check was bad, he filed a police report locally and where the thief lived. He also filed his complaint in local courts...the person,"thief" has to show up at the your local court or warrant goes out for their arrest. Needless to say, the vehicle was returned in 2 days from two states away with no more problems. I hope everything works out for you.
I've provided contact info below for the DMV,HP, Police and Sheriff's in SD. I think they would take a dim view of this transaction. I'm curious to know if he's a hot rodder, racer or what. Did you sign over the ***le with the buyers information at the time he took possession? If so, it's his and he has to make his cashiers check good. The ***le would have to be transferred to him then in order to put it back in your name. There is also the issue this taking place across state lines and which makes it a Federal matter too. I think some phone calls from the right agencies will help change the buyer and the banks mind on this. In the future I would take TERRY O's suggestion. I bought a pickup in Roswell, NM and transferred the money (25K!!) to a local bank to an account in my name. After I had looked at the truck and made the deal we went to the bank and the seller got paid there, it all got notarized and the deal was done. Otherwise insist on CASH, with a non-refundable Postal Money Order downpayment sent to you to cover your expenses for transport both ways so if the guy doesn't show up or backs out, he forfeits his downpayment. You can contact these folks to see if they can help: South Dakota Division of Motor Vehicles 445 East Capitol Avenue | Pierre, SD 57501 | Phone: 605-773-3541 | Fax: 605-773-2550 Contact Information for the South Dalota Highway Patrol http://hp.state.sd.us/informat.htm Links to South Dakota Police and Sheriff's Departments http://hp.state.sd.us/links.htm People aren't supposed to be flakes from up here. When someone from South Dakota pulls **** like this I'll do whatever I can do to help.
Direct deposit to your cking account is the way to go .... Most deal directly thru a clearing house like Amex. Once it's in your account it's yours
Except they won't cash a check unless you have an account with them for the reasons listed above. That way they won't get stuck with a bad check that they can't charge back to you.
yeah i know..kinda what i ment was the buyer should have went to his bank and gave him cash..hell most peoples banks are on every corner these days..no excuses to hand someone a check to make a purchase..not these days anyway..i trust nothing but cash.. i tell everyone when they come to pick up their item from me bring cash..if they balk at it..i ask them.."what bank do you have an account with?" and when they tell me i say..theres one on the corner of such and such..go cash your check and bring me pictures of dead presidents on green paper..cash is king..and more of this type of scams will be pulled with the current economic situation
First part is correct. but the second part isn't. You didn't "give " him the trailer,you "sold" it to him with the understanding that his check was OK. He then stopped the check deliberately so he could get his money back. His money was being used as bait to lure a victim not legitimately purchase an item of goods. Small bank,big bank,recent events have shown that all banks must abide by the same rules. You are in a win win situation. Make sure the Police are aware and then chase him down. it's an old old scam and one where the law has plenty of precedents to work from. Plus you are able to claim all cost costs for your time,damage, legals etc. Go for it!
Keep us posted on how this shakes out so that we can point others to it should they have a similar problem down the road? Good luck, I can't really add much to what others have posted. But it does amaze me the audacity some ***holes have in this day and age.
You'll want a hard-copy paper trail showing that the check was "stopped" or whatever. This evidence avoids a he-said-he-said situation later if the law gets involved. This may involve actually depositing the check and getting it back stamped NFG. Ask your banker about how best to do this. I was talking to a branch manager for Wells-Fargo in the Bay Area about bogus cashiers checks and he said they got about one per day at his branch -- the smallest one I'd ever been in.
God I love the HAMB... Free legal advice, free medical advice... You name it, we got it! FWIW, I got a couple friends who live close to Crazy Horse who owe me a favor... If you need the ***-kicking crew sent out, let me know
That is strange that the bank would allow him to put a stop payment on it. He'd have to have thought up a tale about losing the check or something. Like someone said earlier, you can't cut someone a check and decide not to pay them and cancel the check. Hope it gets straightened out for you.
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