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Old 07-04-2019, 11:36 AM   #85
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**Update** JULY 4th 2019

Well the verdict came in the mail...



The instructions that came with the verdict state to make contact with the defendant "Works Motorsports" to make arrangements toward paying the awarded amount of money.

After I have received the payment I have to sign and date the bottom of the instructions in the following picture and submit it to the court to essential confirm that I received the payment from Works. In the fine print it states "As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined."

Here is a picture of the payment instructions that came with the verdict.



Unfortunately I contacted Works Motorsports to try to work out how they want to go about paying me. They still have not replied to my email or made an attempt to contact me back on the matter.
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Old 07-04-2019, 12:17 PM   #86
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Originally Posted by TachyonBomb View Post
**Update** JULY 4th 2019

Well the verdict came in the mail...

The instructions that came with the verdict state to make contact with the defendant "Works Motorsports" to make arrangements toward paying the awarded amount of money.

After I have received the payment I have to sign and date the bottom of the instructions in the following picture and submit it to the court to essential confirm that I received the payment from Works. In the fine print it states "As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined."

Unfortunately I contacted Works Motorsports to try to work out how they want to go about paying me. They still have not replied to my email or made an attempt to contact me back on the matter.
Hell yeah congratulations. Hope those cowards reply to you soon and you get your money back. Thanks for documenting everything and keeping us updated.
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Old 07-04-2019, 12:34 PM   #87
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All this over fkn $3k. Most monthly payroll expenses are bigger. Glad to hear they ruled in your favor. It never should have gone this far for such a petty sum for a company.
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Old 07-04-2019, 01:01 PM   #88
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Congrats man! Hopefully you can post on Instagram some more too. I get the feeling they will take their time paying you the minimum. But good news for sure!
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Old 07-04-2019, 01:52 PM   #89
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All this over fkn $3k. Most monthly payroll expenses are bigger. Glad to hear they ruled in your favor. It never should have gone this far for such a petty sum for a company.
Ya that seems to be the consensus. They got turbo kit design out of using my car for free. I gave them permission to use my car to make an axleback with a 2017+ flange but for some reason they decided to make their Dr. Jeykell with only the pre-2017 axleback flange.

I was very enthusiastic for them to create 2017+ parts when I let them use my car and they wasted the whole year they had with it. This $2700 could have easily been made up by creating and selling 2017+ parts from the time they had my car. It was a wasted opportunity on their part.


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Congrats man! Hopefully you can post on Instagram some more too. I get the feeling they will take their time paying you the minimum. But good news for sure!
I really hope they don't take too long responding to me or paying me. It would reflect very poorly on them. I honestly just want this ordeal to be over with and made right by them.

But in the instructions page I posted it says what I have to do if they refuse to pay.

If he refused to pay:

1) Works my fill out a form stating all their assets (Form SC-133). This form tells me what assets he has that would be able to pay my claim award off.

2) If he fails to give the for telling me what assets he is willing to part with, I have to then make him appear in court again with (Form SC-134) so he can be forced to say what his assets are and so a judge can examine why he is failing to pay me.

3) If fails on the above then I have to force him to court to have his income and property examined

4) After the property and income is examine I then get a court order which allows the local sheriff's department to come in and take his property such as Wages, Bank Account, Automobile, Business Property or Rental Income

5) If the above fails then I have to put a lien on his property. This option sucks because I would not get paid until he sells his property.

But I really hope I don't have to go through with the above steps & that Works feels like this has been dragged out long enough.
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Follow what happened here: http://www.ft86club.com/forums/showt...96#post3213496
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Old 07-04-2019, 01:54 PM   #90
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Quote:
Originally Posted by TachyonBomb View Post
**Update** JULY 4th 2019

Well the verdict came in the mail...



The instructions that came with the verdict state to make contact with the defendant "Works Motorsports" to make arrangements toward paying the awarded amount of money.

After I have received the payment I have to sign and date the bottom of the instructions in the following picture and submit it to the court to essential confirm that I received the payment from Works. In the fine print it states "As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined."

Here is a picture of the payment instructions that came with the verdict.


Unfortunately I contacted Works Motorsports to try to work out how they want to go about paying me. They still have not replied to my email or made an attempt to contact me back on the matter.

Awesome!

Any kind of penalty for them not paying back in an allotted time period?

Seems like this is trust based.

Also how were they in court? Any anger on their side
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Old 07-04-2019, 02:32 PM   #91
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Awesome!

Any kind of penalty for them not paying back in an allotted time period?

Seems like this is trust based.

Also how were they in court? Any anger on their side
I'm not sure what the time period is before any penalty or escalation can start taking place. There is an option where Works can pay the award through the court like a speeding ticket. This option would allow them to not have to contact me but it would also be nice if they could replay to my email and let me know if they had chosen to go with that option.

The verdict was decided after the we left the trial. The judge said he needed time to make a decision. But if you look on the paperwork it says the judge filed a decision on the same day we went to court. So the judge really didn't need much time to determine who won. It was probably just a formality that he told us to leave and that he would make a decision later. In the courtroom is was pretty clear by the judges facial expressions and the attitude he gave Work's attorney on every point they tried to argue that the case was going to be found in my favor.

I didn't even turn in the 30 page essay I made that expressed my argument which included pictures and evidence to back up my argument. I saw what Work's argument packet included and after sitting through all their verbal arguments and reasoning I decided I didn't even have to turn in my packet. The judge did a very thorough job of getting both sides story plus I figured it would give me better optics to not turn in a convoluted argument against a hired attorney who submitted a hugely convoluted packet of information. Attorneys aren't a common fixture in small claims court and are often seen as a bullying tactic when hired by a business against a person who is representing themselves.
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Old 07-04-2019, 03:07 PM   #92
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Originally Posted by soundman98 View Post
All this over fkn $3k. Most monthly payroll expenses are bigger. Glad to hear they ruled in your favor. It never should have gone this far for such a petty sum for a company.
You assume they have the $3K to pay. They could be operating by the skin of their teeth. They may not even be paying their people.

I worked for a company like that. It was a television production company whose owner regularly appeared as a foreign correspondent on Fox News Channel as well as numerous overseas networks. We had offices in DC, New York, London, Moscow, Tel Aviv, Beijing and Tehran. We served networks in the US, India, Singapore, South Africa, New Zealand and Switzerland. We had correspondents spread all over the globe.

You would think that a company like that would have lots of cash on hand. But I shared a very cramped office with the bookkeeper (because we couldn't afford more space--our producer's desk blocked the kitchen sink) and got to see the "past due" notices roll in every month and hear the bookkeeper's regular "What the fuck?" when she was trying to keep everything in balance.

We were paid monthly, and our paycheck deposits were regularly up to two weeks late. As the only person who could operate the camera, I was in an essential position and finally told him after six months of late paychecks that I'd have to find another job if I wasn't paid on time, because my landlord expected the rent regardless of when I got paid. I found out later he started paying me out of a different account and continued to delay the others. I found out because he had complained to the bookkeeper that ADP was charging him extra for the separate monthly transfer.

He ran the business out of his $50K line of credit, until the line of credit was maxed out, and then he would play round robin with which invoices he didn't pay this month. He pushed off repair bills for our aging gear until it broke again and our technician (the only guy in town who would service our gear) wouldn't touch it until the past due bills were paid up. Can't make television without a camera. (Well, you can, if you don't mind a green tint to the video.)

The boss would pull employees off our contract clients to pursue quick money-making jobs to keep us afloat, at one point delaying our news stories to one of our client networks so long that they threatened to sue him for breach of contract. He even took on lobbyist clients to make actual fake news about the industries they represented, which he then put on the Associated Press news feed as real news stories (in blatant violation of the AP contract). I shot "news" stories about Omega 3 supplements that were paid for by a supplement industry trade group and made it on the air on television stations all around the US.

And all those "bureaus" around the world? They were really one-person operations usually run out of the correspondent's apartment. Those people didn't get paid on time either.

One day we were instructed to lock the front door and continue working, but not open the door if someone knocked or tried to get in. I don't think anybody ever showed up, but we never got an explanation for that one.

That company is still in business. I have no doubt he's still running it the same way. If you asked him about any of this, he would deny every single item on the list. He was in such a state of denial about how bad the company was running that he'd just block it out and not even believe it himself, even though he was there. You can't run a company this way and not be in denial, because otherwise if you let yourself acknowledge how bad it is, you have to admit the best thing to do is shut down.

Applying what I learned there to the way Works has been described, I can see many similarities. I suspect the guy really intended to have the turbo ready when he originally said he would. I suspect the disaster of incompetently running his business on a shoestring got in the way of that. Maybe employees quit, or maybe he had to repurpose them to other jobs to get cash flow coming in just to keep the lights on. Prototyping those few parts would be delayed because that also costs money he likely didn't have.

If you had gone to my former employer and said, "You owe me $3000," he wouldn't pay. If you got a judgment, he still wouldn't pay, because he simply wouldn't have it without shifting something around and screwing somebody else. Once it's a judgment it's a lost cause, so why end up with another judgment from stiffing someone else to pay the first one?

At some point "not giving in" becomes a way of doing business, and at that point he may actually be willing to spend MORE money on fighting it than if he just paid the damned judgment to begin with.

But then, he may be stiffing his lawyer also.

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I really hope they don't take too long responding to me or paying me. It would reflect very poorly on them. I honestly just want this ordeal to be over with and made right by them.
I wouldn't get your hopes up. How would not paying reflect any more poorly on them than screwing you in the first place? At this point their reputation isn't going to be damaged any worse. The industry is full of guys like this that screw people over and just keep right on going. Look up the myriad complaints about John Hennessy screwing people over and literally stealing parts off people's cars.

Speaking of reputation, did you take down the photos the attorney sent you the C&D letter over? I was looking for them and couldn't find them.
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Old 07-04-2019, 09:59 PM   #93
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I should say it doesn't surprise me, it's just more of a sign of the sad state of the shell of a company behind the product. And if they aren't set up to weather a mistake like this, it reflects even more poorly on service and support of the product they're supposed to be proud of in the first place
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Old 07-06-2019, 10:26 AM   #94
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Years ago I had to take a nightmare of a tennant to court to recover six months of back rent, a complete and total trashing of my house, theft of the camera I used to document the trashing, and a host of other things. Took him to small claims court, similar to what you did, only we both appeared in person. Got the full judgement I was seeking. Never saw a dime, and you won't either, unfortunately. Getting the judgement is nice and feels good, but it's just a judgement; they don't enforce it. YOU have to enforce it. My tennant didn't have any intention of paying me because he owed me the money and I asked him for it, so why in the world would he pay me because he owed me money, I asked him for it, and now I have a piece of paper that says he owes me the money?

Yes, you can go through all of those additional steps... further court appearances, filing more paperwork, starting the process to garnish wages/seize property.. but it'll take forever and still probably be fruitless.



I sold my house at a huge loss, vowed NEVER to be a landlord again for any reason, trust people less than ever, and just moved on with my life. That was nineteen years ago. Feels bad to let the bad guys win, but it feels worse to waste a year or more of your life on a losing battle.
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Old 07-09-2019, 05:36 PM   #95
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I see that @WORKS is currently online.

Would love to hear their side of the story, and an explanation of why they’re not responding to you, now that they have a final ruling. I assume that it’s likely because they don’t have the money to pay you, or for their vendor status on here, despite still trying to hock their stuff.
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Old 07-09-2019, 06:48 PM   #96
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Quote:
Originally Posted by TachyonBomb View Post
**Update** JULY 4th 2019

Well the verdict came in the mail...



The instructions that came with the verdict state to make contact with the defendant "Works Motorsports" to make arrangements toward paying the awarded amount of money.

After I have received the payment I have to sign and date the bottom of the instructions in the following picture and submit it to the court to essential confirm that I received the payment from Works. In the fine print it states "As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined."

Here is a picture of the payment instructions that came with the verdict.



Unfortunately I contacted Works Motorsports to try to work out how they want to go about paying me. They still have not replied to my email or made an attempt to contact me back on the matter.
Sell it to a collections agency. The credit hit will hurt more than not paying you. By a lot.
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Old 07-10-2019, 11:12 AM   #97
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Sell it to a collections agency. The credit hit will hurt more than not paying you. By a lot.

This
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Old 07-12-2019, 02:03 PM   #98
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Sell it to a collections agency. The credit hit will hurt more than not paying you. By a lot.
Thank You for that nugget of info! I'll research that process!

If you could DM me any helpful info or insight on that process I would greatly appreciate it.


**As of 7/12/19 still no word back from Peter Kang or Works Motorsports on this matter**
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