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Tractor Talk Discussion Board

Re: ot, need help on bad buyer


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Posted by JD Seller on November 23, 2014 at 08:52:42 from (208.126.198.123):

In Reply to: ot, need help on bad buyer posted by high octane on November 23, 2014 at 07:32:30:

I have been involved in repossessing equipment. It was when I worked at dealerships. There always was a paper trail that included a court action or a signed loan document stating what would happen for non payment. You would not have anything like this.

We then had the country sheriff send out a deputy with us when we picked up the equipment. Even that is no guarantee that you will be in the clear.

We picked up a tractor with a Deputy sheriff present. When we got to the farm the tractor was outside in a pasture. The pasture had an electric fence around it. We unhooked a spring gap and drove right to the tractor. After the tractor was loaded we hooked the gap up just like had been. A year later the dealership was sued. The owner claimed that we had left the fence open. So his cattle got out on to his bunker silo and ruined the plastic cover. Spoiling the silage. He was claiming $4500 damages. The truck driver, myself and the deputy all testified that the fence was hooked back just like it was when we got there. The bleeding heart judge found in the farmer favor. The dealership had a judgment issued against it. The funds where collected out of the dealerships checking account before they where even notified that the judgment was in effect. THIS IS 100% TRUE!!!

We all where shocked and the other county judges all could not believe it either. The store's lawyer told us to just forget it as the cost to appeal it up the ladder would have been much more than the judgment cost.

The point here is if you or a repo man go on that property than you could be liable for just about anything the owner comes up with. Then you take your chances in court.


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