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Discussion Starter · #1 ·
Please give me your advice on how to proceed. I rented my 4 wheeler to a guide of a local outfitter. The guide offered me $300 if they could use it for a week. I told them yes because this guide really seems like a decent person. This guide ended up using my 4 wheeler for 22 days and still has not paid me my $300 that they promised. The normal cost for the atv I rented is $95 per day plus taxes. I only want my original $300 that the guide offered because like I said this person treated me well.
I have contacted the Outfitter who stated that they are not involved even though the guide works for them. The Outfitter was quite rude about it but maybe they don't know the whole story so I am trying to give them the benefit of the doubt.
Any suggestions?
 

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Do you have anything in writing where he signed it??
 

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What the heck do you need writing for, the guy promised he would pay, he owes the money. The only type of person worse than a promise breaker is the type of person that would make a story like this up.
 

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EPEK said:
The only type of person worse than a promise breaker is the type of person that would make a story like this up.
Not that I personally care either way, but was that an insinuation?
 

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I think if you knew the guy before hand then just a promise was good enough, but if you have no previous experience with the guy then I would have got a contract in writing. If you have to take this to court a handshake is not going to hold up. I dont care how "nice" someone seems but I would NEVER let my 4 wheeler go to some dude I knew nothing about without protecting myself!!! And 22 days when you said a week???? WTF? I would have been finding the guy already and loaded it up and brought it home!!!!!!! I think you need to go confront the guy personally instead of going to the Outfitter! Have you talked to him personally yet?

I have just seen too many people get screwed over a freindly handshake agreement.......if you didnt get it in writing then you may be the one getting screwed! :cry: :cry: :cry: I hope that is not the case!!! But I would sure as heck be on that guys doorstep every day until I got my money and my wheeler!
 

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Why would you just loan out your 4 wheeler to someone if you don't even know them personally. And since you don't know this guy personally how did he find you to rent the 4 wheeler. And $300 bucks for the week, are you kidding me, what would have happened if he did some damage to your 4 wheeler? You have to take some blame for this, I don't understand who in there right mind would agree to this situation. He could have just taken it and you would have no leg to stand on. No paper work nothing. And who is this outfitter? I agree it sounds a little funny to me as well, not that it couldn't have happened but just don't understand why he would have picked you to rent a 4 wheeler from and why you agreed. Please explain. :roll: :? -)O(-
 

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live and learn, friend or not, they seem to be the first one one too screw you over.
 

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Take the guide to small claims court. You're entitled to the reasonable rental value of the 4 wheeler. Impress the small claims judge by using the phrase "quantum meruit" (it means the value of the thing) or "unjust enrichment" (the guide was unjustly enriched by being able to use your 4 wheeler). If you show evidence that you have rented your 4 wheeler for $95/day in the past, that should be the measure of your damages.

Or you could just move on and tell about lessons learned.
 

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I agree with Imadogman, report stolen, take the police to your atv and the guy, press charges, then take him to court as BradN stated.
If he WAS a friend? He wasn't a very good one :(
 

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J-bass said:
EPEK said:
The only type of person worse than a promise breaker is the type of person that would make a story like this up.
Not that I personally care either way, but was that an insinuation?
Absolutley not, it led to the thought of who would make a story like this up, my belief, no one. I believe that this deal was made with out any chance for any party to misunderstand what the terms were. If I get screwed on a handshake, I realize I get screwed, risk / reward, but people are usually better than this, but also, things happen, I have been sucking pond water financially lately, and I would hate to be owing that money right now, but I also would not take your four wheeler, if I didn't have the cash to pay for it.
 

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Discussion Starter · #16 ·
Thank you everyone for your input.
I will agree I have some blame for this as I did not get the details of the transaction in writing. That is why I do not want to go to small claims and also why I am not trying to recover the amount of $95 a day for 22 days. I only want this person to pay me my $300 that we both agreed upon. I have spoken to this person and they have promised to pay but no check has arrived yet. This was about 4 weeks ago and as I am trying to be nice (maybe too nice) and give them the chance to stand up to the terms they helped create.
I GUARANTEE I am not making this up and If you know who I am then you will believe me. Also believe me that I learned a lesson but I feel strongly that I am owed the $300 even though it was just a sportsperson to sportsperson agreement.
Please keep checking in on this subject and giving comments and hopefully it will be resolved soon. I will let everyone know how it pans out. Thanks.
 

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Discussion Starter · #17 ·
I do want to add that this person did finally return my atv in good shape, sorry if I did not make that clear.
 

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shaner said:
Thank you everyone for your input.
I will agree I have some blame for this as I did not get the details of the transaction in writing. That is why I do not want to go to small claims and also why I am not trying to recover the amount of $95 a day for 22 days. I only want this person to pay me my $300 that we both agreed upon. I have spoken to this person and they have promised to pay but no check has arrived yet. This was about 4 weeks ago and as I am trying to be nice (maybe too nice) and give them the chance to stand up to the terms they helped create.
I GUARANTEE I am not making this up and If you know who I am then you will believe me. Also believe me that I learned a lesson but I feel strongly that I am owed the $300 even though it was just a sportsperson to sportsperson agreement.
Please keep checking in on this subject and giving comments and hopefully it will be resolved soon. I will let everyone know how it pans out. Thanks.
Sounds like you are a nice guy that might of just been taken advantage of. Like others have said hopefully you/we can all learn something from this.
 

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Hopefully he does the right thing. In the future I would never give something that you were renting out without getting the money up front and a writen agreement. Good luck
 

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Send him a bill via registered mail. That way he will have the opportunity to pay for it and because you sent it registered mail you will have proof he recieved it. Then if he doesn't pay up you will know it was because he is dishonest and not just forgetfull. _(O)_ -()/>-
 
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