Lifted a log straight up

In state of mn. You could push it through as a bad check. Get a lean or whatever is needed. His claim that it is junk should not be used to hold funds.. you give a payment. Check cash or credit card. As i understand you as the consumer can not stop payment just becouse you no longer want the product... If you want the money back you hafta follow the law other wise you are brakeing the law. I know different states different laws. And i am not a lawyer. This is just my understanding.....

Going to small claims will not make him pay. It's the best you can do though, that judgement will show up on his credit, banks sometimes won't lend until he has paid that judgement off. You may get nothing, or you may get a call in a couple years "can I settle that judgement for $xxx?", "NO, you'll pay the full amount, +filing fees, +interest"

I can look up on a state website that shows judgements, convictions and most charges in the state. If you have anything like that, it would be useful in the future for deciding who pays cash, and who's check goes STRAIGHT to the bank. If he's a known deadbeat (good at working the system, and your judgement will be last in a long line) then your best bet is to take the bucket back and try to salvage it.

I think it's still a good idea to file a claim. If it's anything like the court system here there will be a discovery to try and avoid tying up the court. This is where both sides put their cards on the table in front of a judge. Seeing the pictures of the grapple and how damaged it is the judge may basically tell the guy he doesn't want to go to court. Sometimes judges have the power to help with collections, liens or getting debts listed on a credit rating.

Bigfooteq said:

says that they only "lifted a log straight up"(his words).

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That looks to me like he grabbed the butt of a log with it pointing straight away (like a battering ram) and then tried to point it up to the sky. When the log fell to the left it would twist the clamp sideways.

It sure does not appear that he had the log gripped with both clamps.

I've went to SCC twice here in Michigan, neither time for a stop payment but I won both times and never collected a dime. It cost me time and $$ to file and go to court for nothing. lol I would talk to people in your state and see if they have had any success before I went to court. Good luck!

Yeah, not much side bracing on that grapple, a couple struts made from 2x2 square tubing might add a lot more or perhaps some X bracing or solid material. I don't agree with the thinking its funny and breaking equipment. Doofus needs an indestructible grapple that'll rip the arms right off is stuipd loader.

Bigfooteq said:

I called my local courthouse and was informed that, even if I win, I likely won't get my money because the "judge can't make them pay you the money" (her words). So, let me get this straight: If I fail to pay my taxes, that same judge CAN make me pay but can't if some deadbeat crook does it to me? Tell me what's right about that?

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Yes, if you 'f' the government, they will put you in jail. If someone 'f' s you, it is between you and them.

Well, you'd have to slap a lien on some kind of property of theirs.

Did you get the grapple back? If he still has possession then he has written a bad faith check and he can be gone after at least in Georgia. If you got the grapple back repair and sell as such to recoup some of the money. I agree suing seldom works out the way one would want in a small claims court. Bankruptcy court is the same, by the time the bankers and the lawyer s get all of what is left there is nothing for the small creditors.

That's something to look into. Also if they don't return the grapple to you in a reasonable amount of time, maybe it could be considered theft? If they tell you to come pick it up, nope, it's totally up to them to return it ASAP. To file in small claims court costs $25 here and you don't need a lawyer.

File it as a bad check claim. Doesn't matter what happened after the fact. Ur a business and he bought something writing a bad check. It's a criminal charge not civil matter. In NJ you could also file theft of service go to your local police and see if they will press it