Jim - Of course, most states have some sort of small claims court to handle the really small cases that typically involve only a few hundred dollars - things like tenant security deposit refunds and the like.
The problem exists in the middle range. When the claim involves a few thousand dollars, and it will cost more in fees than the matter is worth, then you have to decide whether to go on a crusade for the crusade's sake, or suck it up. Our legal system is far from perfect, and has lots of flaws. But, it's still the best one in the world. I've been involved in the aviation industry for my entire adult life, some 40+ years. Aviation has its share of crooks, the ignorant, the scammers, and the vulnerable, just like every other walk of life. Ercoupes are a particularly suspicious breed, because for many decades, they were among the least costly airplanes available. Hence, they were often owned by those who could afford them least, and many Ercoupes' maintenance histories prove that. There are some other airplanes in that same category, like old Tripacers and Colts. Whenever you encounter an old airplane that has a history of depressed market values, watch out very carefully before you buy it. Remember the old saying that is very true - most private pilots will upgrade airplanes until they finally get the one they can't afford. For some folks, that will be their first airplane, and we all know that about the only place you can cut costs of airplane ownership, in the short term, is in maintenance. Jerry E. -----Original Message----- From: [email protected] [mailto:[EMAIL PROTECTED] Behalf Of James Lilly Sent: Thursday, May 01, 2008 8:38 AM To: Jerry Eichenberger Cc: earl johnson; Ercoupe-tech Group Subject: RE: [ercoupe-tech] Re: Lawsuit? I was afraid of that. There must be a problem with our system of law if you cannot bring a legitimate case to court without having sufficent resources to retain legal council. I can only imagine a lot of people must get away with selling bad goods as they know that no one can afford to take them to court to recover their losses. I must live in a different world, but I thought that pilots would treat each other with respect and not endanger a fellow pilot's life by selling him or her a bad aircraft. Thank you for your advice Jerry. Jim ---------[ Received Mail Content ]---------- Subject : RE: [ercoupe-tech] Re: Lawsuit? Date : Tue, 29 Apr 2008 20:49:18 -0400 From : "Jerry Eichenberger" <[EMAIL PROTECTED]> To : "earl johnson" <[EMAIL PROTECTED]>, "Ercoupe-tech Group" <[email protected]> Let me chime in, since I am an aviation lawyer. First, Percy is right. A pre-buy inspection means nothing. It can be anything from a pre-flight to almost an annual. ALWAYS get an annual performed, then you know what you're getting. Next, legal crusades seldom accomplish anything, except to enhance the revenues of some lawyer. Unless lots of money is at stake, the small cases aren't worth what it costs to litigate them, and this is coming from one who litigates for a living. Assume you sue someone and win - how will you collect? How long will it take to collect? How much extra money will you spend trying to collect? Unfortunately, the law can't remedy all ills. Jerry E. -----Original Message----- From: [email protected] [mailto:[EMAIL PROTECTED] Behalf Of earl johnson Sent: Tuesday, April 29, 2008 8:20 PM To: Ercoupe-tech Group Subject: Re: [ercoupe-tech] Re: Lawsuit? before the seller is determined to be a Criminal you need more information. both buyer and seller made this deal, then along comes the perfectionist mechanic with his ideas, where was he or she don't want any hate mail so i added she when this sale was taking place. there's always two sides to every transaction along with proper inspections. Earl J --- AJ DeMarzo wrote: > All well and good to put your money into the coupe > and chalk it up to experience, but I have a > different view of someone who misrepresents a good > or service he is selling. I actually call that > person a criminal because they violate the law. > > For far too long the attitude of chalking it up has > been in place in matters such as this. When will it > stop. When will someone have the balls to say > "Enough!"? > > Plenty of rip-offs on Ebay wind up before a judge. > All it takes is a bit of yapping. The squeakiest > wheel gets the most oil. > > Don't be an accessory to a crime, don't encourage > criminals to carry on. If you've exhausted all your > breath with the "seller", at least contact your > local district attorney or prosecutor's office. You > may be amazed to see what they're willing to do. > > > --- In [email protected], "Percy" > wrote: > > > > I second the advise of putting the money into > the Ercoupe and > chalking > > it up to "Lessons Learned." > > Secondly, I'm on a campeign against the > "pre-purchase" inspection > > (Sorry, Ed). Such an inspection Has No Standing > in law. Get a > Hundred > > Hour (can be done by a certificated A&P) or an > Annual (needs > Inspection > > Authorization). Then the "scope and detail" is > spelled out in > Appendix > > D to FAR Part 43. Should something be amiss > after that, one > > has "standing" against the inspector. But be > prepared to pay for the > > inspection. > > If you settle for a "pre-purchase," you're > better doing your own. > > Percy, the A&P student, in NM USA > > > > > >
