Beware of dealing with Mark Nixon

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Mopar Ron

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I have tried all kind of ways to get my money from Mark Nixon on a deal that we had over 4 years now.
I feel that i have given him way more than enough time to get this setteled but still nothing, so here is the story on how he owes me $1,300.00.

I had a early 90's dodge turbo diesel truck that I had $2000.00 in to and mark said he wanted it and he had a rusty 87 V6, stick dakota that i wanted to use under a streetrod project so Mark came out with the dakota on his trailer and picked up the diesel truck and we agreed on taking $700. off my truck for his Dakota and he said can you trust me for the $1,300.00 ballance and as I thought he was a friend I let him take the truck and title, well the calls from him stopped and he stopped answering my emails to him after about 6 months.
He worked some deals involving the diesel truck with some other guy that went bad for him( thats not my problem) but I am the one getting screwed out the money for his bad deals
I have tried to get him to send me just a few $$$$ at a time when he can, still nothing. below is the last email I got from him about a year ago

what I sent him:
Date: Tuesday, January 20, 2009 7:32:50 pm
To: [email protected]
From: "Ron Podsiadly" <[email protected]>
Subject: Hey Mark

Hey Mark how about sending me some of $1300.00 you owe me for the
truck deal. its been like 3-4 years now
I am sorry that things didn't go good for you with YOUR deals but we
had a good deal and I have always treated you fairly
and helped you out when you needed it. how about doing the same for
me. send me a little at a time if thats all you can do. Ron.

Ron Podsiadly
2124 Geneva place
Escondido CA
92027

his answer:

January 20,2009 8:09 PM

Ron,
Let me see what I can do on this.
I know it's been forever on this deal and there's no good excuse for brushing it off as I have been.
Would like to get this taken care of in a manner that satisfies you, yet keeps things moving here.

Mark.

I still haven't got any of the money he owes me.

so "beware" of dealing with him, I thought we were friends and never thought he would stick it to me like this. Ron....
 
Is there a paper trail or a handshake deal?
If there is a paper trail, take him to court.
If it was a handshake deal it sounds, sorry
to say, you're screwed.
Taking him to court over a handshake is a
he said, he said argument.
Always have a paper trial. This way you
have hard evidence to show a judge.
 
You have a paper trail... it's the emails he sent back to you acknowledging that he owes you for the truck. Print them up and file the small court paperwork.

I have taken several people to small claims court. Just make a short decription of what the deal was and that he didn't pay up. Then after you get a judgement tell him that in a week you will turn it over to a collection agency. They will hound him forever, and you will get about 50%, if he is not smart enough to pay you first. His credit score will take a big hit if you send it to a collection agency.
 
The only paper trail the Courts care about is the Title and the guy got it when he picked up the truck. Game over. I been were Ron is and there is no recourse if the person has the title.


Chuck
 
340mopar said:
The only paper trail the Courts care about is the Title and the guy got it when he picked up the truck. Game over. I been were Ron is nand there is no recourse if the person has the title.


Chuck
Click to expand...
not true - you need to watch more judge Judy.8) If he has proof that an agreement was made to exchange $$ for the vehicle, then it doesn't matter in whose name the car is titled - they are in breach of the original agreement and will be ordered to return the vehichle (if that's what the plaintiff wants), or make good on the cash transaction.

An e-mail from Mark admitting that there was a deal, and that monies were owed is proof enough to get a judgement in court.
 
Do a google search for Mark Nixon Mopar and look at all of the different forums where his name comes up. Most of it is not people reporting positive experiences in dealing with him.

I had read a thread over on Moparts where he had alledgely screwed someone on a deal, then all sorts of others members started chiming in, stating similar dealings with him.

I wasn't excited when I saw his name start popping up here on FABO. All of the sudden he was peddling parts and was a senior member within a couple of months. I bit my tongue and didn't say anything. Sorry to hear about your problems with him.
 
Judge Judy is not a real court.

I have been to court for the same thing Ron is going thru and the Judge made the statement at the end that he could not enforce the guy to pay me because he had the document that showed ownership. He said that I never should have signed over the title without full payment. It's the reason why banks don't sign over titles until payment has been made in full.

There is no breach of contract because the contract (title) has been signed over. Really this guy Mark could be convicted of Fraud if it can be proven that he intented to take people of their money on purpose.

Emails are not signed documents. All he would have to say was that someone else responded to the emails and it wasn't him.

Just like you can't prove this is me writing this.

Chuck
 
Mark was here for years.

I hope all goes well.
 
My rule of thumb.... friends or not.... full payment = Title. Thats it. Live by that and you wont get screwed on these kind of deals. If someone wants to make me payments on a vehicle... then I keep it while they make payments.
I also make documents that we both sign and both have copies of in any deal such as these. Its unfortunate it happens... even with people you thought were friends. I am pretty sure that if he has the title signed over by you... no matter what paper trail... your out of luck. Everything else becomes hearsay and handshakes unless its written out and signed (By hand).

I am afraid this one is a loss, but you can threaten leagal action against him....

or we can all send him 5000 e-mails telling him to pay up !!!!
:snakeman:


edit : I see Chuck and I are on the same level. lol
-RPM
 
In the future never sign over a title without having a lein on it. Anyone can place a lein on a title when they sign it over. I had to do it when a family member wanted a car from me. With the lein I would have been able to take the car back at anytime. I think it cost an extra $11 for the lein. (MI)
But from my understanding of the law here, you have emails that is the paper trail and is enforceable here no matter whether you signed the title over or not.
 
Looking back on it now YES I was stupid to let him take the truck without paying for it, but I have let him stay at my house 3 or 4 times, i have feed him, washed his clothes, gave him new T shirts and fixed his trailer in my driveway when he broke a U bolt on it, I treated him like a good friend and never thought he would do something like this.
I just hope he gets a conscious and makes good on our deal,
i know I wouldn't want that kind of Karma hanging over my head.... Ron...
 
No such thing as a handshake deal anymore...as much as I wish it could be different. I like to give the benefit, but I've been burned in the past too.
 
340mopar said:
Judge Judy is not a real court.

I have been to court for the same thing Ron is going thru and the Judge made the statement at the end that he could not enforce the guy to pay me because he had the document that showed ownership. He said that I never should have signed over the title without full payment. It's the reason why banks don't sign over titles until payment has been made in full.

There is no breach of contract because the contract (title) has been signed over. Really this guy Mark could be convicted of Fraud if it can be proven that he intented to take people of their money on purpose.

Emails are not signed documents. All he would have to say was that someone else responded to the emails and it wasn't him.

Just like you can't prove this is me writing this.

Chuck
Click to expand...
Well, in small claims court, it's the discretion of the Judge that matters. You have to convince him/her that there was indeed a contract, verbal or in writing, and monies owed. You don't necessarily have to have a signed document to prove that an agreement was made. The plaintiff has the burden of proof, and perhaps in your case, the circumstances or evidence didn't convince the Judge beyond a resonable doubt that monies were owed.

An admission via e-mail is pretty damning evidence - signed or not. It's all a matter of convincing the Judge that you're the one telling the truth.

BTW - the title is not the contract. True, possesion is 9/10ths of the law, so it certainly throws a wrench into things, but if the agreement of payment was not met, and you can convince the Judge of that fact, he certainly has a case for getting his $$ back.
 
In CT once the title is signed and handed over its game over.
 
"In civil law consider Law.com?s definition of ?possession?. It has
very little to do with OWNERSHIP at all:

The phrase ?possession is nine-tenths of the law? does not imply that
any person who holds any property is the rightful owner. To the
contrary?what it does imply is that any person who is in possession of
his RIGHTFULLY OWNED PROPERTY is the sole controller of that property
and may do whatsoever he wishes without regard to what any one else
wishes."
http://answers.google.com/answers/threadview?id=496059
 
danmc77 said:
BTW - the title is not the contract.
Click to expand...

Actually it is- If it is signed by the seller it is contract indicating you have sold the vehicle and are no longer the owner of the vehicle.

For the hell of it I just looked at the NY title of the Dart I purchased last week and it clearly states-

This document is your proof of ownership for the vehicle, keep in a safe place not with registration or in vehicle.

Unless there is a lienholder...

CT titles state that the title is not to be signed unless it is sold because this gives who ever is holding the title proof of ownership.

Guys I have seen a lot of sleezy stuff working in car dealers the last 25 years, you never, ever sign and hand over the title till the cash is in your hand.

Once you do you are screwed and at the mercy of who is holding the paper.

Just the way it is.
 
Hmmmn is this your drive train he's getting busy with?

03-31-2009, 10:37 AM #1
Mark Nixon
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Exclamation Any other Shortbed 1/2 ton Cummins conversions?
In the process of doing a Getrag 5 speed with a Cummins conversion on a 2wd '85 short bed 1/2 ton.
It's all pieces and parts (even the truck) that are leftovers that I couldn't sell, or wanted to keep.

Anyone else here have a shortbed 1/2 ton cummins diesel already rolling?
I have heard there's a couple out there, but I haven't looked for them.

The engine/tranny are already sitting in the chassis, with the cross member (Took a bit to figure out how to do it and still have a speedometer) all modified and bolted up.
Next is modifying the wiring to eliminate the gasser ignition and emissions controls (solving wiring issues is one of my favorite things to do), acquiring a certain DANA 60 and modifying a driveshaft and yoke to work.

Looking towards MAYBE dropping the suspension, putting in '93 factory buckets/console, and possibly some 17 inch wheels and tires to go along with it.

The aim in this is to have something that I can haul small and heavy parts with, say engines and trannies, will pull a single car trailer without wimping out, gets excellent fuel mileage, and is out of the mainstream of the usual pick-ups.

Mark.
 
I thought maybe it was another Mark Nixon till I seen him offering to haul some stuff for a guy there for CHEAP and then checked were he lives.This guy is well know around the mopar forums.
 
It seems as though if he isnt careful he will not be liked by people so he might wanna watch himself carefully
 
Regardless, it does not negate the fact that a SEPARATE contract was agreed upon to transer monies in exchange for the ownership of the vehicle. Just because you have a title in your name does not allow you to reneg on the payment of the vehicle.


gdonovan said:
Actually it is- If it is signed by the seller it is contract indicating you have sold the vehicle and are no longer the owner of the vehicle.

For the hell of it I just looked at the NY title of the Dart I purchased last week and it clearly states-

This document is your proof of ownership for the vehicle, keep in a safe place not with registration or in vehicle.

Unless there is a lienholder...

CT titles state that the title is not to be signed unless it is sold because this gives who ever is holding the title proof of ownership.

Guys I have seen a lot of sleezy stuff working in car dealers the last 25 years, you never, ever sign and hand over the title till the cash is in your hand.

Once you do you are screwed and at the mercy of who is holding the paper.

Just the way it is.
Click to expand...
 
scuba0331 said:
"In civil law consider Law.com?s definition of ?possession?. It has
very little to do with OWNERSHIP at all:

The phrase ?possession is nine-tenths of the law? does not imply that
any person who holds any property is the rightful owner. To the
contrary?what it does imply is that any person who is in possession of
his RIGHTFULLY OWNED PROPERTY is the sole controller of that property
and may do whatsoever he wishes without regard to what any one else
wishes."
http://answers.google.com/answers/threadview?id=496059
Click to expand...
I'm not sure what your point is - I simply stated that, given the fact that the other guy DOES have the title makes it more difficult to prove the OP's case. It's not to be taken literally.
 
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