[John_W]

Originally Posted by REDCART

No experience with small claims court, but I'm curious. How do you enforce a judgement by the court? Are your options limited to a lien against the property or the business?

To file a small claims suit in Sumter County for $100 to $500 would cost $80. I had an experience with a small claim in Escambia County (Pensacola) a few years ago, and the judgement will put a lien on the defendant's property. If they don't pay, then they'll never be able to sell the property with a clear title until the cloud is removed. There is a letter called 'satisfaction of judgement' that has to be filed with the clerk to remove the cloud.

[dbussone]

Originally Posted by suesiegel

Small claims court is the peoples court-

Your post is a bit confusing. You say the guy that sold you the cart would not honor the warranty. You do not say what you paid for it or how old it was. If, the cart was old and inexpensive your bill of sale may say sold as is.

You say you hired someone honorable to do the repairs.

You should have an itemized bill to prove your point.

You say the person who sold you the cart refused to refund your money and said lots of people THREATEN to take him to court. Were it me, that is a dare. You will likely be one in a hundred who actually does it.



If, you decide to use small claims court be careful you sue the right entity. I doubt his business is MARK. You want to research his address. Often places are incorporated in another name other than the name on the bill. You have a phone number. Do a reverse look up and see what name comes up against that number.

Report this person to Seniors vs Crime. They can be very helpful.


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[retiredguy123]

I am just amazed that someone would pay a 500 dollar deposit by check. Why not just pay for the cart upon delivery, or use a credit card for the deposit? What is the reason why he needs a deposit? This kind of thing would never happen to me.

[rubicon]

Originally Posted by jrdonn

We bought a used golf cart from a man named Mark who advertises in the Daily Sun. He advertises that the carts are in showroom condition and offers a one year warranty. The phone number he uses is (352) 638-0351.

Do no do business with him, he is a crook! We went to his garage to look at the carts on Saturday, they looked nice. We were told that we could have one delivered Monday. We put a $500 deposit down.

On Monday we were told that the cart would not be delivered for a few days. We said that we would just like our deposit back. Mark said no and we could take him to court because many have threatened him with court and he is not going to give us our deposit back.

He was very rude and nasty. He yelled and swore at us and said if we did not want the cart we lose our $500. We tried to stop payment on the check but were not able to. We felt we had no choice but to accept the cart.

When we eventually got the cart it backfired needed a new carburetor, had a bad clutch and rode terrible. The gas tank leaked from the poorly installed after market gas gauge.We could not get him to honor his warranty and had to hire someone reputable to repair the cart.

How he is allowed to continue to rip people off is a crime. You have been warned!

Crook Selling Golf Carts! Beware!

OP based on your description you may have been in a bad deal but you present a willing buyer and a willing seller. You explain a contract where a product was exchanged for consideration
( payment). Hence you present a legal transaction.


the heading in your thread is thus problematic and is an issue for the court to define and decide.

[ColdNoMore]

Originally Posted by rubicon

Crook Selling Golf Carts! Beware!

OP based on your description you may have been in a bad deal but you present a willing buyer and a willing seller. You explain a contract where a product was exchanged for consideration
( payment). Hence you present a legal transaction.


the heading in your thread is thus problematic and is an issue for the court to define and decide.

Nope...you're wrong.

A 'convicted crook' yes, but it doesn't take the court...to determine someone is a 'crook.'

And in case you were even contemplating arguing about the semantics...I offer this.


Crook | Definition of Crook by Merriam-Webster

Definition of crook

1: an implement having a bent or hooked form: such asa : pothookb (1) : a shepherd's staff (2) : crosier 1

2: a part of something that is hook-shaped, curved, or bent the crook of an umbrella handle

3: bend, curve

4: a person who engages in fraudulent or criminal practices

Note the specific intent to identify 'fraudulent' and 'criminal'... separately.

[Villageswimmer]

OP never returned to fill in the blanks. This seems to happen frequently, for example, the exercise lady, etc.

[autumnspring]

Originally Posted by REDCART

No experience with small claims court, but I'm curious. How do you enforce a judgement by the court? Are your options limited to a lien against the property or the business?

I've been to small claims TWICE in my life. Both were in NY
not Fla. I won and collected both times.

You are correct that often times it is difficult to collect.
Once you have received the verdict in your favor, IN NY, you contact the Sheriff and he collects for you.

There are many books explaining how to sue in small claims court. The classic is,"Sue the Bastards." There is a bit of humor in that. In my first suit the judge had reason to be annoyed with the people I sued. He awarded me everything I could come up with, meals out, mileage on my car, etc to go to small claims court. I don't know if he was setting it up but, on top of my pile of notes was that book.
The type on the cover is like 1.5 inches high so he could easily have read it. The courtroom was more like a high school auditorium filled with the unwashed masses. THAT GAVE ME THE CHANCE TO SHOUt OUT THE TITLE OF THE BOOK. The judge told me to look at the inside jacket for the price ??????? 29.95 and he added that to the amount owed me. No one asked. I did n;t volunteer but I bought the book for about $1.00.

The other one was perhaps more similar to this issue. I called a repair guy for a small water leak in our heating plant. I got a quote of ?????? to arrive and ?????? $80 an hour. Paying him to drive over to me is reasonable. Sometimes that is quoted as a minimum charge. The repair took him 15 minutes ok so it is reasonable to pay him for an hour. He left me a non-itemized bill for $400. I called and spoke to him. He told me the part was ???????? I went to home depo the part is $18. I called the repair guy he agreed to send me a check for ??????? 200+ of course it never came. I sent him a note with paperwork for small claims court-my cost ??????? $20.00. He told me if I end the case he would send me a check for?????$200 I called hm about a week before our court appointment told him I still had not been paid and I have not stopped the case.
He is not the first dirt bag I've dealt with. He tried to tell me the check was lost in the mail. I've heard that one many times from people. My reply is it is strange that bills always get to me for checks-you need to fill them out SIGN THEM put them in an envelope put a stamp on them and drop them into the mailbox-same procedure as for a a bill.
I told him there is not enough time for a check to clear before the case. If, he chooses not to show up he will loose the entire bill. HE DROPPED OFF CASH AND I STOPPED THE CASE WITH A NOTE TO THE COURT THAT I HAD BEEN REFUNDED.

Assuming that the original post is correct that this guy is dishonest or even if he is not you need to be certain that the name of the business is correct. It may not be the same as what is on the invoice.

[autumnspring]

Originally Posted by John_W

To file a small claims suit in Sumter County for $100 to $500 would cost $80. I had an experience with a small claim in Escambia County (Pensacola) a few years ago, and the judgement will put a lien on the defendant's property. If they don't pay, then they'll never be able to sell the property with a clear title until the cloud is removed. There is a letter called 'satisfaction of judgement' that has to be filed with the clerk to remove the cloud.

As I've posted on this thread I've gone to small claims court twice both times in NY. It, was years ago but, as I recall filing the claim was about $20.00. I expect that $80 that you estimate it cost you included filing the lien.
I assume you have a file on this matter. I WONDER WHAT RATE OF INTEREST THEY MUST LEGALLY PAY? You might check on this. You might send a registered return receipt letter reminding the owner of the property of the lien.
You might notify the credit bureaus of your lean. It will come to their attention if they apply for a credit card, auto loan or...............

[John_W]

Originally Posted by suesiegel

...I expect that $80 that you estimate it cost you included filing the lien.
I assume you have a file on this matter. I WONDER WHAT RATE OF INTEREST THEY MUST LEGALLY PAY? You might check on this. You might send a registered return receipt letter reminding the owner of the property of the lien.
You might notify the credit bureaus of your lean. It will come to their attention if they apply for a credit card, auto loan or...............

No, I didn't add anything, the fees are spelled out on the Sumter County Instructions page for filing suit in Sumter County, see the link below. Just like I posted, the fees for $101 to $500 is $80, and so on, for example $2501 to $5,000 would be $300. The Filing fees go up as the amount asked for goes up. No, I don't have any claim in this matter, that would be the OP. I'm just a poster like yourself adding my opinion and what facts I might know.

I've been to small claims court myself in Florida, yes times have changed, it was $5 in 1979 in Pensacola and suits were limited to $3000. I won the suit and the fellow who paid me, came back two years later to get me to sign a 'Satisfaction of Judgement'. Until that is signed and filed with the courthouse, there is a lien on the title of the defendant's home or property even though he paid me immediately at the court. He had sold his home and was unable to provide a clear title until the document was filed. The lien or cloud on the title was automatic and I didn't have to do anything, the courts did it all.

http://www.sumterclerk.com/index.cfm...1-7268e7dc94c4

[ilvgolf]

I would contact Seniors against crime and see if they can help. They have really done some very nice things.

[EdFNJ]

Since the OP hasn't returned since he first posted there may be other things going on here.

I hate to say this but a used vehicle sale of any kind is "AS-IS" (even Judge Judy and Judge Milian will tell you that!). Unless there is a specific warranty written on a piece of paper or provable fraud (which isn't as easy to prove as it may seem) there is no warranty or refunds. A "verbal warranty" is very difficult to prove. I think there is more to this story than meets the eye. Even if the seller was a low-life scumbag without anything in writing the buyer is probably SOL.

As others have said, NEVER pay by check but unfortunately the seller probably didn't take CC's and required a deposit. If a price seems to good to be true it usually is.

[Nucky]

I never knew you could take somebody to court over a thing like this. I always thought well you know, you just handle it the other way???? BADA

[dbussone]

Originally Posted by Nucky

I never knew you could take somebody to court over a thing like this. I always thought well you know, you just handle it the other way???? BADA

You mean by posting on TOTV?


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