Kept my trailer for 3 years and didn't pay....

[trailergirl]

Jurisdiction

Pennsylvania

Hello,

ok, so I had a friend of a friend who kept my trailer for a month at his place. After a short time, he said he wanted to purchase the trailer from me and I agreed. He paid 1500. and then never paid another dime for three years and still owed a large balance of several thousand dollars. I tried to work out a payment plan and he never paid. He ignored my phone calls and basicaly hid with my trailer. I called and called and tried to reach him and he never responded. Finally, I uncovered where he had the trailer, and I went and took it back and I now have it. The trailer is ruined. Lights are falling off, it has dents and dings and is a mess. It was a well kept Harley Davidson trailer. Long story short, I feel the $1500 is not even enough to repair it back to normal. So I did not give him back the $1500. He also used my trailer for 3 years in this scenario. Now he is threatening me that he is taking me to court for the $1500. and says I owe it back and also is threatening to sue me for storage fees. Any feedback would be appreciated. This is in Pennsylvania. Thank you.

 

[ElleMD]

Do you have any sort of written agreement regarding either him storing your trailer for free, or the purchase of the trailer? Why are you only looking to act 3 years later? It is his trailer from what you describe. If he didn't pay what was owed you could sue him for the balance.

 

[trailergirl]

Thank you for responding, I'm grateful. No, no written agreement. He was in a motorcycle accident shortly after buying the trailer and was in hospital for a while. I did not pursue him until he was out of the hospital and then he avoided me altogether. He blocked my phone calls. At one point, I did speak with him and he agreed to make small payments but never did. Then he was unreachable. It took me a while to figure out where he was as he was located in another town. He was there when I took the trailer which is ruined. And had been storing all sorts of oily parts in the trailer. We had to unload it - so he was essentially using it for storage but now wants to sue me for the 1500 and storage of it. Am I liable? Thank you again.

 

[ElleMD]

You very well could be. You sold it. You had no agreement, particularly a written one that it would be yours if he didn't pay or even what he had to pay. If he wanted to "ruin" it, it was his to do that with. You did nothing for 3 years other than make some phone calls. Taking it back because he didn't pay you enough for it with no written or solid agreement and then selling it was not the legal way to remedy his underpayment. Frankly, if he is willing to let it go for $1500, I'd give him back what he paid and call it a day.

 

[trailergirl]

Thank you. I did not sell the trailer I have it.

 

[army judge]

Thank you. I did not sell the trailer I have it.

I don't see a way forward for you with a court case.
Even if you had a great case, how would you propose collecting as little as $100 from a deadbeat, lazy, less than clean, bum?

The question to ask is not just if you have a cause of action, rather how could I collect anything from a deadbeat?

The other side of that coin is if a deadbeat will sue you?
The usual answer is, deadbeats don't want to do NUTTIN, but be a "do NUTTIN" deadbeat.
I'd not worry about him suing you.
It took you years to find him.
He wasn't trying to find you.