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Need Help!! Lawsuit against Upgrade Engineering.

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Old Dec 10, 2002 | 05:56 PM
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Default Need Help!! Lawsuit against Upgrade Engineering.

Issue finally resolved. I have received a full refund in money and other parts.


Modified by Milano_EH3 at 1:42 PM 10/1/2005
Old Dec 10, 2002 | 06:01 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

ttt
Old Dec 10, 2002 | 06:28 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

Good luck man i hope everything works out for you
Old Dec 10, 2002 | 07:03 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (TRENDSETTLER)

bump for you man!
Nick
Old Dec 10, 2002 | 07:20 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (hndarcr)

sucks.
Old Dec 10, 2002 | 07:22 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (hndarcr)

good luck. bump^
Old Dec 10, 2002 | 07:27 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (CoolKat)

Weird...everything that i have got from there has been 100% good business. what exactly did you lose anyways. Im sure Tim can back himself up if anything bad has happend. they have always been good to me and everyone i know
Old Dec 10, 2002 | 07:27 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

Three words :

SMALL CLAIMS COURT

That should get back a couple grand easy, depending on your state.
Old Dec 11, 2002 | 04:43 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (All Motor EG)

Im sure Tim can back himself up if anything bad has happend. they have always been good to me and everyone i know
LOL...*sigh*, maybe Tim could back himself up if he actually picked up the phone. After calling Yellow freight yesterday and finding out that he lied to me about the motor being picked up, I was blowing up his cell and the shop's number. The last time I called his cell he picked up, hung up, and turned his cell off after that. And a couple times somebody picked the phone up at the shop only to hang up on me.

If he has been good to you then maybe YOU can find out what the **** is going on with my ****! I don't mean to be a a dick to you but I actually trusted this *******, and look what trust got me!
Old Dec 11, 2002 | 04:45 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (hndarcr)

Dude Tim is a Straight up dick Let me know if you need anything let me know Im local to his shop
Thanks, I would appreciate ANY help I can get. What I really want to know is, does he actually have my motor? If so, why hasn't it been shipped? If he doesn't have my motor, then where is my refund?!
Old Dec 11, 2002 | 04:48 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Silverpike)

Three words :

SMALL CLAIMS COURT

That should get back a couple grand easy, depending on your state.
Unfortunately that is what it has come down to. I should have to get a lawyer for a normal business transaction!!

Again, if anyone knows anybody else that has been dicked over by this guy, please have them contact me at: courtlukens@yahoo.com
Old Dec 11, 2002 | 05:36 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

dick head shop.

sue him for 250,000- **** 6000.

as a business, they are more liable for this stuff- if you paid by credit card, you can get him on credit card fraud as well.

get a lawyer- sue the pants off of him, then do a burnout in your new ferarri in front of his shop
Old Dec 11, 2002 | 06:20 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (delvtecsol)

Unfortunately, he still has a way out of this by filing bankruptcy. Even if you get a judgement on small claims court (but small claims limit is $5000 in Cali) does not guarantee payment. You may have to put a lien on any of his properties or bank account, if he has one. Its going to be tough, good luck to you bud...Sometimes litigation is not always the answer too. I know from experience because Mr Tim "the Dick" almost dicked me too. I ordered an LSD tranny from him that he said he has and will shipped in a week...paid him $700 and it took him close to 2 months til he shipped. Numerous phonecalls to his cell and messages left on his machine almost daily. But I worked with him and talked some sense out of the situation. If you ever get to talk to the guy ask if he can just return your money back, even in terms...your better off getting your money little by little than losing it all plus attorney's fees. California court system sucks and if he doesnt have any money and proves it, there's no way any court can squeeze that amount from him...Just a friendly advice...
Old Dec 11, 2002 | 08:06 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (EF_LSVtec)

I am going through the same thing with a guy here. He had a shop and i tried to get a motor through him and he flaked and flaked saying it was coming, then shipping problems, blah blah blah. so i told him i wanted my cash back. got back some of it but he closed his shop and still owes me 1.1k. i dont know what to do about it now. i have a receipt that says what his shop owed me. he keeps telling me he will call me back but never does.
Old Dec 11, 2002 | 08:55 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (blufke)

I am going through the same thing with a guy here. He had a shop and i tried to get a motor through him and he flaked and flaked saying it was coming, then shipping problems, blah blah blah. so i told him i wanted my cash back. got back some of it but he closed his shop and still owes me 1.1k. i dont know what to do about it now. i have a receipt that says what his shop owed me. he keeps telling me he will call me back but never does.
I'm a paralegal attending lawschool and for the guys who are seeking to sue a shop, make sure you sue the principal owner. That way, even if the shop closes down, you'll have a valid judgement against the person. Judgements are good for 20 years so you can use it to garnish wages or seize property in order to satisfy that judgement. If you don't want to hire an attorney, your best bet is suing in small claims court although the maximum amount you can sue for vary from state to state. In CA, it's $5k I believe and here in NY, it's $3k. If the person you sued doesn't pay after you've won the case, here in NY, you can forward the judgment papers to the marshal who will attempt to collect it for you.

On a side note, depending on your area, there may also be a statute of limitations, meaning if you don't sue within a certain time (usually 2-4 years), you lose your right to sue. That being said, good luck to you guys.

-Dave
Old Dec 11, 2002 | 09:00 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

what a dick, gotta hate shops that jew you...worse than people because you think you can trust the bastards
Old Dec 11, 2002 | 09:17 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (hybridvteceg)

Okay...Tim actually called me (funny how that works). Tells me my motor is actually ready, with the exception of motor mounts and an ECU!! He also tells me that he goes by what his co-workers tell him in regards to motor preparedness (is that a word?) and shipment because he is always running around outside the shop. So, rather than waste another day dicking around with this I called up Yellow freight and scheduled the pick up myself, although I did give him one more day to get the ECU and mounts. We will see what happens tomorrow...

P.S. He just called again and said he will fax me my invoice.
Old Dec 11, 2002 | 09:23 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

blow up his shop
Old Dec 12, 2002 | 06:43 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (hndarcr)

i would'nt take take motor by now it maybe all F*** up
Old Dec 12, 2002 | 07:29 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

that sucks man..just go to his shop and smote his ***, if you dont get all your money back or not even one penny at all, take whatever thats worth that 6k or even more..i dont know care what other peeps will think but thats what i would do if i was in your shoes, good luck man
Old Dec 12, 2002 | 07:55 PM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (mighty goku)

i would'nt take take motor by now it maybe all F*** up
Probably right...I'm about to find out because I bought a tranny from him and like pulling teeth, it took 2 months til he shipped it. My new motor is finally done and I will be pairing it with the LSD tranny that I bought from Tim (Upgrade Engineering)...If this sucker is broken and grinds like hell, since I'm visiting my brother in San Diego Christmas week, I will swing by his Shop in Southern Cal. and pay him a visit...Payback time!
Old Dec 13, 2002 | 12:22 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (EF_LSVtec)

ttt
Old Dec 13, 2002 | 12:34 AM
  #23  
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Ruckus138)

holyshit im glad i didnt get my **** done there i even called them a couple times to set **** up but the guy that answered the phone did sound a little off key............sorry man i hope you get 6000+ back from him
Old Dec 13, 2002 | 05:50 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (TDRef9)

So did you get it?
Old Dec 13, 2002 | 08:07 AM
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Default Re: Need Help!! Lawsuit against Upgrade Engineering. (Milano_EH3)

after all you have been thru. I wouldnt bother getting the motor. Demand your money back plus other things like phone bills...time off from schoool/work just to call him. Time off from your honey who haven't had a good sex since this thing stresses you out..and u know..your little bro won't get up. . That is shady business they are running. Hope we all learn this lesson. Make sure it's local or someone with good business practice. Good luck to you.



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