Legal question

[doverarjim]

I will give you the short version of what happened, I know that we don't have any attorneys on here and that the laws are different state to state but still yet this has got me ticked.

My son bought a 77 Ford 4X4 to play around in the mud with so as not to tear up is other truck. It had a bad auto transmission in it. He had a "buddy" that would change out the transmission from another truck he had and put it all back together for $300.00 so we took the truck to him. When he pulled the the tran and transfer case from my sons truck he sold the transfer case to someone else. He put my sons truck back together with the transmission and transfer case from a wrecked truck that he owned. But the transmission works ok but the transfer case will not go into 4lo!!! He does not want to repair it or make it right so I am going to take him to small claims court. But what should the charge be? Selling stolen parts.

[R Dogg 56]

The charge, based on the info presented, should be "sale of faulty goods." The "buddy" should have known that the transfer case had come from the disabled vehicle, and that there might be a problem within the gearing. The evidence that the transfer case did not engage when the "4-Lo" setting was selected is concrete, and will allow for the verdict to go towards the plaintiff. The defendant is liable for the repair and service that was provided but not fully accomplished. The judgement for the case should be in favor of the plaintiff in the amount of $300.00: the amount set for repair of the transmisson and transfer case by the defendant.

[blue2kzr2]

Curious, why swap the whole thing (tranny and t-case) if only the tranny was bad?

[ManyCamaroz]

You have to remove the TC to remove the tranny. Easier to remove as one unit. That is a good question though why did'nt you just swap tranny's and why die he sell the faulty one so quick.

 

Those "Good Buddy" deals can be a real pain sometimes.

[WEFs99]

There are no "charges" in small claims court. Get an estimate for a good transfer case installed and that will be the amount you sue for. There is a limit that you can sue for so see what that amount is at your court house. $2500 and someplaces $5000. Be sure you are honest and do not inflate any charges because a good judge will see right through a scam. If you are prepared and everything is just as you've described, you will win but don't rejoice yet. He will have a judgement against him and his credit will be screwed up until he pays but sometimes it is not easy getting your money.