Im Sueing My Rims Supplier

[06gs430]

I recently purchased my 06 GS 430. About a month and a half of having the car, i decided on new rims. I found a wheel shop and purchased my rims there. He offered to store my stock Lexus rims until "his driver could deliver them to me". A few weeks passed so i called him, he again said his driver will deliver them to me.

Few more weeks passed, i called him and he said im gonna have to go pick them up. So i said ok i'll call you.

Few days later i call him and he tells me he's in Vegas and he'll call me back.

He calls a few days later and this time i was busy so he simply says, come get them whenever u have time, they're here in my storage.

3 Months pass as i try to find a buyer for my stocks. I finally find a buyer, so i call the guy, and the Son of a !Removed! says simply "well, i dont know where they are, they aren't here anymore" and i say what the hell do you mean u dont know where they are, and he says "To be honest were only liable for the rims for 72 hours, after that we cant be held liable" So i said "at any time did u EVER tell me you're going to get rid of them after 72 hours? We even spoke about arranging a pickup a month after, you never mentioned it, in fact all you ever said was come get them whenever you want, did you or did you not say that" and he said "yes i did say that, but i dont know where they are. They're not at my shop and they're not in my storage. If i find them, i'll give you a call, if i dont find them, i wont give you a call"

Thankfully i recorded these conversations. I plan on sueing the *BLEEP*. honestly i really just want my rims back, i dont wanna sue or do anything. I called lexus they said the four rims w/the tires on them (whihc is how i left it with him) are worth exactly $3600. I am going to take into consideration that the tires were driven on for a month (even though they were pretty much BRAND NEW, only 600 miles on them, ) and im goign to sue him for only 2500-3000 i haven't decided yet. I went to a lawyer and he said under 5k is considered small claims. I played him the recordings and he advised me to have them transcribed by a professional. He then told me to go to the local courthouse, pay $25 bucks and have the marshals or sheriffs serve him with a subpoena.

This all seems like such a hassle. If any of you decided to buy new wheels, dont be stupid like me, take ur stocks home with you. I hope none of you come across a dirtbag like this, EVER.

Any thoughts? Suggestions? Let me know.

[SKperformance]

He probably has sold them already.

As you already know you should have just brought them home with you.

Good luck.

[amarslex430]

my advice to you is to sue. Small claims court is not that big of a deal. Go to court with the evidence you have and you're sure to win. It's only going to cost you 25.00 to have the suopeana served. Small price to pay to get your 3 grand back..

[06gs430]

i got an attorney friend to call him, and now he's "looking for them" will post any updates

[steviej]

why did you let it go 3 months. I would have got them and then stored them in a friend or relative's basement/shed or something.

Find out what the abandonment laws are in CA. In MA it is 30 days with proper notice. You conversation describes proper notice. You left them for 90 days.

Either way, the shop should have called you if they were going to sell them or "use" them.

Small claims court is not big deal. Been there twice. Just have everything in writing and present all your reciepts and contracts (his agreement to store them). Verbal agreements are shakey territory: he said he said type of deal.

A couple of phone calls and a letter on your friend's firm's letterhead (as you have already initiated) may help the rims turn up.

Keep us posted as to the progess.....this sounds very interesting.

steviej

[06gs430]

how is it proper notice if he NEVER told me he's going to get rid of them? everytime we spoke he said "come and get them whenever you please" also, its not a problem of not having storage. its a problem of not being able to transport them. They dont fit in my car and they obviously won't fit on my bikes. Originally he had told me his "driver would deliver them to my home" but that went no where. Remember they're not just the rims the tires are on them too, i can barely get 2 to fit in my car. Furthermore the piece of crap has an escalade EXT truck and he lives in the same city as me. Would it have killed him to bring them home from work and then me go get them from his house? This guy is a friend of a friend. Im not a stranger to him.

[branshew]

This guy is a friend of a friend.   

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You mean "was" a friend.

[06gs430]

exactly

[Neo]

exactly

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Sorry to hear about the troubles. I guess you won't be needing to deal with getting the HREs anytime soon. :(

Good luck with getting this resolved.

[steviej]

how is it proper notice if he NEVER told me he's going to get rid of them?  everytime we spoke he said "come and get them whenever you please"  also, its not a problem of not having storage.  its a problem of not being able to transport them. They dont fit in my car and they obviously won't fit on my bikes.  Originally he had told me his "driver would deliver them to my home" but that went no where.    Remember they're not just the rims the tires are on them too, i can barely get 2 to fit in my car.  Furthermore the piece of crap has an escalade EXT truck and he lives in the same city as me.  Would it have killed him to bring them home from work and then me go get them from his house?      This guy is a friend of a friend.    Im not a stranger to him.

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you had multiple phone conversations trying to figure out delivery and or pickup and then you left them there for 90 days. In that time, since you say you live in the same city, you could have made multiple trips and transported them one by one. It comes down to neglegence when you sue someone. I would say that there is a fair amount on both sides.

take it to small claims.

steviej