Completely off topic--trailer was stolen

[peanut72]

Hey guys, just wanted to bend your ears in hopes that there is someone with a little bit of a law background. Heres the story. I let a buddy/neighbor borrow my 10ft utility trailer to move some gym equipment. There was a contractor working at his house hanging some drywall that wanted the equipment. Since we already had it loaded and the guy was coming back the next day, I let him take my trailer home to unload the equipment. While it was at the contractors house, it got stolen. The guy filed a police report and called his insurance. He never offered to pay for it but offered to take it out in trade and do some work at my house to work off the debt, which i am in no way interested in. I need my trailer. He signed a memorandum that i typed up basically stating that he borrowed it and it got stolen from his house. Now he wont even return my calls. I am thinking about taking him to small claims court but not 100% sure how much of a case that I have. I dont want to waste my time, but i dont think this guy is going to pay up. It sounds to me that its pretty much an open and shut case, pay the man what you owe him. But then again i dont know too much about law in this case. Even if we do go to court, what happens if he dont pay up? Do I ask for replacement cost for the trailer (3 yrs old paid $830 for it, still selling for $830) or fair market value (which I figure to be at least $600)? Can I include court costs? Any advice is appreciated.

Thanks
Todd

If this is too far off topic, or belongs somewhere else, feel free to delete/move it. Wasnt sure where else to put it.

 

[travcoman45]

Best ta get ya a lawyer. If ya win, It's the value a the trailer, court costs an such. If he don't pay ya get ta file documents against him (judgement) fer 10 years, he won't be able ta borrow money knowhere until he pay's yer claim.

Got the same deal on a accident that the feller didn't have insurance on.

Thats in Iowa, ya wanna check yer laws.

Personally, I'd have the feller on speed dial callin twice aday till he pays up. Ain't much of a contracter ifin he can't cover the cost of a smaller trailer like that.

 

[miamirick]

find out if he has a license, then go to his house and confront him, tell him to man up and fix his problem or you will be forced to go to BBB or license board to file complaints against him, this bluff should shake him enough to pay up if he doesnt then just go to small claims court. hiring a lawyer will just waste money in a small claim like this

 

[peanut72]

judging from his work, he aint much of a contractor at all. My buddy is talking about witholding payment and having to tear it all out and start over. It was pretty shoddy work, but im not here to bash his work, and thats between them, so I will leave it at that.

Not much of a man though in my opinion. As bad as it sucks, if it happened the other way around, I would suck it up and get the man a trailer. Hell, Id even be happy if he brought me one in similar condition. Im not trying to be a hard ass and get a brand new one out of him, just dont want to get it stuck to me too deep.

 

[miamirick]

sometimes being a hard ass is the only way to get some peoples attentiothreatening his livelyhood may work
good luck,

 

[Dutch]

I'm not a lawyer, but I did play one in a school play!!

On to the topic at hand. Find out if he is a licensed contractor, if he his-report him; if he isn't-report him.

If you don't have a lawyer, check with your local Legal Aid Society, they can help you with your case or help you find someone.

If you file for judgment, you are entitled to recoup the cost of the trailer (the Judge or Arbitrator can decide if it will be the full replacement cost or the current face value), lawyer's fees and filing and serving cost. Like Tip said, if judgment is found in your favor, the contractor will have a hard time trying to borrow money. Make sure to file against the contractor by name and by the company name -for example: Joe Doke, DBA Shoddy Drywall Co. This will tie the judgment to the individual and the company.

 

[prettychili]

as a Home Builder and as low life as so many subs are the cost doesnt out way the trailer. i have had so much stolen from my houses i cant even add up and the people they seem to disappear from the earth. the cops have so much more to worry about, not that they dont care, it makes them as mad as it makes you however its petty and unless they actualy catch them its your word against theirs. sorry

 

[meateater]

I'm not a attorney but did grow up around quite a few. Since he signed that document I would call your insurance and let there lawyers talk to his insurance company about the agreement. If he doesnt have insurance....well he's screwed. If your insurance gives you the runaround tell them you will call your attorney, mentioning legal council usually will get the ball rolling.

 

[kaiser]

I'm not so sure he owes you anything.

If it were me I'd buy you a new trailer just to clear my conscience, but legally I'd think it falls into the category of "stuff" happens.

That aside, I'm sorry you got your trailer stolen. I've been mugged and have had a few things stolen here and there and it really really sucks. :(

 

[northern greenhorn]

I'm not a lawyer, but I did stay at a Holiday Inn Express last night, jk seriously, If he won't return your calls, leave him a message telling him you're gonna file a claim in small claims court, and file a complaint with the BBB, then give him a week, if he doesn't pay you in a week, follow through with the threat, you don't need a lawyer for small claims court. Good luck, and maybe keep an eye out for your trailer.

 

[danielh]

Unless you honestly feel he stole it, drop it. Bad contractor or not, its not his job to watch your stuff.

 

[bmudd14474]

He accepted responsibility for the trailer when he left with it.

 

[chefrob]

and that's where he is on the hook for your trailer........

 

[danielh]

Good luck with that in court. I'm no lawyer, but I dont see how its his problem. I wouldnt be able to ask someone to replace something I lent them unless i really feel they were somehow responsible for its theft.

Now if i gave him a ball hitch lock thingamabob and told him to chain it up it might be a different story.

But I guess thats why I dont let people borrow my stuff unless its family.

 

[peanut72]

Never thought about that, something to keep in mind tho


Thats what I am afraid of and why I wonder if it will even hold up in court

I am hoping that signature is going to hang him. By signing that, he is kinda taking responsibility for it dissappearing. or at least to me anyway, not that that matters much in court.

 

[dirt guy]

I say take the $630 off of your taxes as "education expense". You'll waste more in time and effort trying to collect than replacing the thing yourself. Even if you do take him to court, you're likely to get an uncollectible judgment against him.

I'd do all you can (by word of mouth) to let folks know about your experience with him. It could have been stolen even though he took diligent care to protect it.

Just my two cents.

 

[wingman]

I'm not sure where it was parked. If it was on the physical property in the driveway his home owners may cover it. just a thought and I may be way out in left field on this. Good luck!

 

[peanut72]

it was parked in his driveway under a security light. His story was that it had a flat tire, which i noticed was low, and he pulled it into his garage to unload the equipment. Then pulled it outside the garage under the well light area and left it to fix the tire in the morning. but the next morning it was gone. he said the valve stem was about to fall off of it. he said no marks or anything to indicate direction they took off in, but had to have hauled it off with the tire completely flat. When he was telling me about filing the police report he gave a good description of the trailer to include the cracked taillight, scratches in a couple of places. Things that I may or may not have noticed about a trailer that I borrowed. Just a little too detailed and made me think he knows what happened to it. "must have dissappeared the night it was foggy" so you dont know when it ran off?? Several things just too shady about the whole thing. Im gonna lean on him a little and see what happens, and then probably file in small claims. I will be out another $90, but worth a shot i guess. I dont know. My gut says that Im just out $830 for a new trailer!!

 

[meateater]

Here's something I just remembered. I had a buddy that a bunch of fishing stuff stolen from the back of his truck, he put out reward posters offering 1500.00 dollars and some punk kids tried to collect until he leaned on them and turns out they were the thieves. There's no honor amongst thieves, Just put the reward posters on all the cars in his neighborhood. Of course don't pay the reward. Gotta put cheese in the trap to catch the rat.

 

[caveman]

I am sorry for the loss of your equipment. It seems apparent to me that the lazy, shiftless, no good, feed off of the hard working, honest people in this world. You happen to be the latter, my friend. I truely believe you were setup from the word, "Go" in this case. It sounds to me that the contractor "eyeballed" your trailer & either sold it or gave it to one of his friends. Probably sold it. Okay, personally, me & some of my friends would go & knock on his door & have a talk with him about legal proceedings & complaints to the BBB. My friends would be there to enforce the "Legal Threats" & to put a little fear into this man's black hearted soul. A show of force is not illegal as long as there is no bodily harm. However, I know my friends.

If you really want compensation, knock on the man's door, leave a letter & make one or two more phone calls. If you don't get a proper response in a timely manner, on your terms, not his, then follow through with the legalities. He has already shown & proven to you that he won't "Man Up" without assistance. Otherwise, you may very well have to chalk this up as a loss & a lesson learned. For what it is worth. Good luck.