Bought a couple car parts. Not as described

[Captncrunch]

What is the name of your state (only U.S. law)?
Washington

I purchased a couple used catalitic converters from a guy on offerup. I could not see inside them until 2 days later and they were gutted (useless). So i get back ahould of him and he says they were good. Then later he hims and haws until he says he will pay me back and even offers to give me tires for trade which are no good to me. Then a day later he does not reply any more. These were a couple hundred dollars.
It has been a few weeks and no replys.

Do i have grounds and possibly a good case against him? Can i go after him for the court fees, charge to serve him papers and a couple hours of my time?

Thank you in advance.

 

[adjusterjack]

Do i have grounds and possibly a good case against him?

I think so. Might actually be illegal to sell them that way but you'll have to do that research yourself. At least you probably have a breach of contract claim.

Can i go after him for the court fees, charge to serve him papers

Yes to those.

and a couple hours of my time?

No to that.

 

[Zigner]

1: How do you expect to find him?
2: How do you expect to collect when (if) you win?

 

[Captncrunch]

1 I picked up the parts from his home. I have his address and I can have a sheriff deliver the subpoena.
2 I thought the court was supposed to help with getting my money reimbursed? Thats the whole reason that people sue each other? Not just to prove who is right but to collect reimbursement.

 

[PayrollHRGuy]

1. Good Answer. You seem to have that covered.

2. Court can get you a judgement if you win. Actually getting the money from hi will be much harder.

 

[adjusterjack]

2 I thought the court was supposed to help with getting my money reimbursed? Thats the whole reason that people sue each other? Not just to prove who is right but to collect reimbursement.

The way the court "helps" you get your money is in the legal procedures available to you for enforcement of a judgment. You still have to engage those procedures.

They include wage garnishment, bank account levy, attachment of non-exempt property.

You can also avail yourself of a post judgment debtor examination.

None of that guarantees that you'll ever see a nickel.

 

[Captncrunch]

So if he does not pay in a certaon amout of time won't they put a warrant out or something similar? Its a couple hundred dollars so I am not out a huge amout but a lot of its the principles of it also. If I didnt give him a business card I would probably handle it differently.

 

[PayrollHRGuy]

No they don't put out a warrant or such. As adjusterjack said there will be ways after you get a judgment that you can try and collect but they aren't guaranteed. You can't get blood out of a turnip and we don't have debtor's prisons.

Most of these collection methods take out of pocket expense which you will usually be able to recoup assuming you are able to get anything at all and time which you won't be repaid for even in the best case..

 

[xylene]

I think the OP ought to contact the police. Selling dummy (gutted) catalysts is a crime.

 

[quincy]

So if he does not pay in a certaon amout of time won't they put a warrant out or something similar? Its a couple hundred dollars so I am not out a huge amout but a lot of its the principles of it also. If I didnt give him a business card I would probably handle it differently.

Here is a link to Washington's "Enforcement of Judgments" laws: http://apps.leg.wa.gov/rcw/default.aspx?Cite=6

You are responsible for collecting on the judgment. The court does not do it for you.

 

[PayrollHRGuy]

But selling scrap metal isn't. Which I'm willing to bet is exactly what the seller will say he was doing. It was on Offerup so I tend to lean towards the side that the seller was selling junk.

I also find it strange that the OP couldn't tell they were gutted when he picked them up. There is a significant difference between the weight of a catalytic converter that has the internals and one that doesn't.

 

[Zigner]

I think the OP ought to contact the police. Selling dummy (gutted) catalysts is a crime.

This is an EXCELLENT point. Here is the federal law that says this:

https://www.gpo.gov/fdsys/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-subchapII-partA-sec7522.htm

ETA:

Specifically, 203(a)(3)(B)

(B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use ...

 

[quincy]

But selling scrap metal isn't. Which I'm willing to bet is exactly what the seller will say he was doing. It was on Offerup so I tend to lean towards the side that the seller was selling junk.

I also find it strange that the OP couldn't tell they were gutted when he picked them up. There is a significant difference between the weight of a catalytic converter that has the internals and one that doesn't.

Captcrunch should have inspected the goods prior to purchase. He could have a difficult time in court because he purchased the items "as is." How the catalytic converters were advertised could potentially be a big factor.

 

[Captncrunch]

The exhaust was in one piece so it was pretty heavy. I told him mine were gutted from the guy I got the car from, and I needed good ones in my texts.

 

[quincy]

The exhaust was in one piece so it was pretty heavy. I told him mine were gutted from the guy I got the car from, and I needed good ones in my texts.

How were the catalytic converters advertised?