sillinous

Okay, for over a month my FD had just been sitting while I saved up some money to have the engine rebuilt and a little tunning done. I did some research on the local rotary shops and found the closest was in Bloomington Indiana - J and H Racing. Everything I've heard and read were always good about J&H, so I took it there when I rounded up enough money. I talked to John, who works with his wife Hilary, and he seemed like a really good guy. I asked him to do a rebuild, street port, install a Haltech and a new fuel pump, and a dyno tuning and he said he'd give me a 2 year/24k warranty. He had me pay for most of it up front because he said he'd had a lot of people who just didn't pay. So I wrote him a check and a week later I called him to see how he was doing. He said that he was just getting ready to crack the engine and he'd give me a call once he did and let me know how it was and if my housings were bad. A week or so went by and he didn't call so I called him and he didn't answer. I tried calling him the next day... he didn't answer. The next day my car shows up at my house ON A TOW TRUCK! I talked to the tow guy and he said "Yeah, I guess J&H went out of business and he just told me to tow all the cars in his garage to their respective addresses..." So I asked if he did any work at all to my car, and the tow guy said he didn't know, but he knew the car wasnt running... So I assumed nothing had been done. I looked the car over and found that nothing had been done except my ECU totally unplugged and what looked like the prep work for the haltech install... but no haltech. So now I'm out nearly 4 grand and have a non-working FD, no money to fix it AGAIN, and bills for school starting to come in... John shut off his phone, both house and work so I can't even get ahold of him to bitch at him or try to work something out. I really don't know what to do short of pressing a law suit... Does anybody here know John or anything about the situation?!? I have a guy who works in a credit bureau that says he can get his address if I have his last name... GAHHHHHH!!!! ALL I WANT IS MY FCKING CAR FIXED DAMMIT!

John Magnuson

Yeah... you better get to court ASAP. I don't know if the amount is too large for small claims court in your area or not. He may declare bankruptcy and then you'll be screwed. But hurry up and file your lawsuit so that you're first in line for any money awarded.

adam c

iTrader: (2)

Thats sucks. I suggest that you contact the local police.

Nihilanthic

Holy **** thats a tough break. I really dont know how youd go about tryign to get your money back or get work done for it, but I'd go find out about bankruptsy law, fraud, etc.

Basically, all I'd say is find out what you can do about it and talk to a lawyer *NOW* if you can afford the time and money to do so... and ouch, sorry to hear that.

sillinous

That's what I thought would have been the best bet, but Bloomington police told me its a 'civil issue.'

DGblk93

Dude - I would call the police ASAP. The guy took your money and did not do a THING. That is stealing! I am sure a police detective might want to look closer at this one.

dc3843

It's not a civil issue, because he basically stole your money. Go downtown, to the business records office. You will have to do a little research, but you can find the owner of the businesses name, mailing address, blah blah there. Then, show up at his house with a bat and get your 4 grand back. Thats not even right. Going out of business doest just sneak up on you, he knew he was going out when he took your money. Not right.

angelck022

Holy crap, I hate reading about stuff like this! You think you find a reputable rotary garage, and the **** goes **** up or the owner screws you over. I would kill the S.O.B!!!

Seriously though see if you have any connections to an attorney through family or friends. This way you can get some legal advice without being charged an arm and a leg. Also, don't wait too long as some states have statutes that protect a person/business if enough time elapses, not to mention a bk. Good luck.

alberto_mg

Yeah, that's great advice. Then he has you arrested for assault and you'll be spending money you don't have getting out of jail.

Go to small claims court and start a suit against his company. It's a long shot. Not to burst your bubble but you probably just lost your money. You can't peirce the corporate veil as far as i know.

charlies7

iTrader: (4)

ouch! take that ******* to court. Where abouts are you located in illinois??

BigAl65

State Attorney Generals Office.....they love these type of complaints......

quicksilver_rx7

I second that. I would seek legal council as well.

POS7

I'm not the business expert, but I do have some knowledge of business and business law (Accounting/Finance degree). I think you can probably get your money back. It really depends on the situation. If he created his business as some sort of sole proprietorship or partnership, his liability is unlimited. Even if his business goes under, he is personally responsible to pay off any company debt/loans/leases/etc. If his business is created as some sort of corporation (unlikely), the corporation is a separate entity and he is liable only up to his ownership interest (his equity in the business). Keep in mind that there are many different types of partnerships and corporations. You can probably do your own research on the extent of his liability.

However, if as a result of the business bankruptcy, he has to declare personal bankrupty you're out of luck. If someone declaring personal bankruptcy owes money, they will be able to "shrug off" any creditors after going through bankruptcy court.

*keep in mind that you should verify the information I posted above & not take it as cold hard facts

G's 3rd Gen

iTrader: (11)

did you get anything in writing ? Contract or promisary note? If not I feel for you... Same thing happened to me but I have a promisary note. Am about to go to court. Good luck! I feel your pain..

Monkman33

iTrader: (28)

Not to be mean, but that is why I only give a small percentage up front. If the business doesnt like it, I go elsewhere. I may be used to my friends at dealerships and local shops, but I have never had to pay in full up front. Ever.

mibad

If he had a legit biz license then you should be able to take him to court and at least get part of your money back. For that much money, you def should consult a lawyer.

FDNewbie

iTrader: (10)

1) Cops. Don't take no for an answer from them. If you push hard enough, you'll get results.

2) Get a lawyer. Sue for your money back PLUS court expenses, lawyer fees, time lost, blah blah. Plus, a lawyer will tell you exactly what you need to do, when, how, and how fast to preserve your rights.

I know it's too late but...

3) NEVER pay for ANYTHING up front. Payment is ALWAYS upon receipt of work performed. Only time I pay for anything up front is when I know the ppl I'm dealing w/ well (like Chuck from RE).

4) NEVER pay by cash or check. If things turn sour, you're on your own. ALWAYS PAY BY CREDIT CARD PEOPLE. ALWAYS. Work your credit so you get a (real) platinum card. That means you have ZERO liability. It works WONDERS. You pretty much ALWAYS get your money back.

That said, I wish you the best...and hopefully you'll get your work done or money back ASAP.

~Ramy

TainoIndian

iTrader: (4)

Damn DUDE! thats sucks ***! All i can tell you is I know how you feel i have been scammed before and it sucks whether its 100 buck or a million bucks. I pray for your sanity i know i would go nuts over this

Nihilanthic

So youre recommending credit cards? LOL, I always figured it was better to do it in cash.... but now I can see why someone might **** ya over. Damn shame they'll never teach this in highschool, god knows we need more dorks to get sucked into debt to keep the economy running. Better start taking out some $500 dollar loans and paying it off month by month to inflate my credit

I'm damn sure not paying up front EVER after seeing this happen! Jesus christ, this is a total crock.

Madmax670

I am crying for you man, that really blowz, sorry to hear.

FDNewbie

iTrader: (10)

Yes I'm recommending credit cards. Sorry, I didn't think I needed to qualify my statement. You should only have a credit card if you know how to manage money responsibly. I figured if you still own an FD and can still afford dinner every night, , you HAVE to know how to manage money lol.

And no, I'm not advocating to charge up your card to high hell and buy anything and everything when you can't afford it. You should only buy that which you can afford. The diff is, instead of making the transaction in cash, put it on your card, and pay the cash to your credit card company. That way, when something happens, you can still get your money back.

Oh, and I don't have loans and what not, and I have EXCELLENT credit. The reason? I started early. Got a card and used it responsibly from when I was young. And I NEVER EVER make late payments. In fact, I always pay everything in full every month, unless it's a 0% APR card I'm getting for a large purchase. Once you start building a relationship w/ a credit card company, they'll start throwing credit your way. They'll love you, and you'll love 'em back when they give you your money back when you get suckered (I've gotten prob $4K back from them in the past two years alone)

Sgtblue

iTrader: (16)

I would welcome correction from any lawyers out there, and the wording of statutes and case law vary from state to state.... but before the police can get involved, it has to be a criminal matter, as opposed to a simple breach (civil matter). For that to happen, (IMHO) there would have to be a pattern of behavior that would reflect criminal intent . A obvious example would be a patter of behavior by the shop owner that suggests fraud. Like intentionally taking your money and the money of at least a few others with no intention of doing the work and knowing that no work will ever be done. This is probably not going to be very easy with a pending bankruptcy.
sillinous, do you still have a way to get in touch with the tow truck driver? He might be able to put you in contact with a few other 'victims' from the shop. You may have a better chance of getting something done together. Just a thought. Sorry to hear this happen. Good luck.

7 BOUND

all i can say is pray about it ask god to help you, if you have someone that works for a phone company you can get his name by the phone number that you have just a lil note to help

hardbodeez

iTrader: (4)

Sounds like you need Dog The Bounty Hunter. He'll make those phone calls for you and hunt him down. All of this without using guns or weapons. He may not have a mallet but he'll sure bring the mullet!

jic

iTrader: (1)

yeah that was all setup
i bet the guy knew it was going out of business weeks ago
hes just a bastard that wants to take everyone down with him