in a sticky situation with my miller 210

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Hello all! I am in a sticky situation with my father-in-law and my welder.  Back about a year ago, he bought half a business.  He went all in and bought a building, materials, business and anything else you could not really need to start the business - especially since they really didn't have any orders, anything really sold, and it was a butt load of blue sky as well.  So, he buys all this, then runs short on having the cash left to buy the welder - thus the miller 210 that I own.  Our local welding supply had this welder on a year end model close-out, they called him and I, being the nice idiot I was, bought it with the intention of the business buying it from me down the road.  Well, I managed to get out of there with a little less than MY dignity, all in all, he owed me a little more than 6 grand, 3 of which was the 210.  The business at the time I got away was basically tanked, so I kept my 210 and got away pretty badly bruised in the wallet!Now, here is the sticky part, I am moving about a 1000 miles away in 30 days, he has bought the other half of the business thinking that he is still going to make this giant wart on his *** take off and fly.  Now he is talking about either buying the 210 from me, or I just keep it and take it with me and he buy another one.  I don't care either way, I love that 210, I kick *** welding aluminum with it and know I can make it pay welding with it on the side.  However, if I do sell it to him outright, I intend on down grading a bit and maybe getting a tig and an engine driven with generator and so on - but if he doesn't buy it, how do I settle it so I don't get screwed even worse. Let me explain my thinking here.  First of all, I bought the welder with 2 tanks on a maintenance contract (I think $25 a  year - no big deal), tanks filled, 2 rolls mig wire, several rolls aluminum wire, the helmet, and consumables - all adding up to right at $3000.  90 percent of the welders use has been either for his business, his personal use (Oh yeah, he is of the thinking that if it is in his building, it's the same as his), or his dumb *** kid uses it in the same way as he does.  Now, I use it to weld a lot of al, not like a lot of you do, but a lot.  Enough so that a couple of the local welding shops have sent me their al work because they say that both they don't like doing al as much and what work I do turns out better than theirs (not bad for being self taught and from who told me!!!!!).  Now, with all that said, if I sell him the welder, I feel like it is pretty much a wash - with depreciation and what I used it - it feels like we would be even.However if I keep it, I can't help but feel like I am getting screwed again.  I paid for the tanks and wire and the welder, they used the hell out of it, the tanks are empty and need refilled, and there is about half a roll of steel and practically no aluminum wire left.  I can't help but sit here and think that I need to get some reimbursement from him and the idiot kid for the use and consumables on their crap.  I know that I have used it on my jobs as well, and I even left a note on the welder that if you use it, I will charge you for gas and wire.  Of course that got him pi**ed, and I heard that he was yelling about he don't need to pay me for the $5 in gas and wire he used on a project when I haven't paid him for use of the shop and electricity - well no s$%t I haven't paid him anything, not when he owes me as much as he does - DUH!  So there you have it, if anyone has any suggestions, I would be SOOOO appreciative.  I am just looking for some advice on what you would do if it were you and your ???   I am not really wanting to really turn the family upside down over this, and if I need, I will just walk away with it and just be quiet, however it doesn't mean I wont feel screwed over though.  So I thank you all in advance for your time and help.
Reply:Well all in all you just got screwed my friend.  This is a PRIME reason that I never get involved business wise with family.  In a situation like this, and trust me I have been there myself, there is no easy way out.  If the guy can't buy the welder to start with and is in the shape you desrcibe how can he afford to buy it now?  At this point, anyway you go, you aren't going to be satisfied because of the way the situation has unfolded.  Alot of times you have to make decisions you don't like for the sake of keeping your family together this may be an instance.  On the flip side if you did use his facilities and shop to profit from then you would have to figure that into the picture as well, and that would make it even worse to have to sort out.  I would just keep it and take the machine with me and chalk it up as a lesson learned.I'm a Lover, Fighter, Wild horse Rider, and a pretty good welding man......
Reply:Partners are good for 2 things, dancing and screwing.
Reply:You broke the first rule of business...never with family. Consider yourself lucky it was only $3000 !! I love these types, no money in the bank, half the equipment they need to start, then they run out and spend money on crap they don't need to start out. Living paycheck to paycheck and trying to start a business. They should go ahead and line an auctioneer up before they open the doors cause there's gonna be a sale !!Anything worth doing is worth doing RIGHT
Reply:Sad to say, I think they hit the nail on the head. You really won't be happy with any outcome of this escapade. I'd just take the machine and count it as a lesson learned. Trying to get anything else for it will not be easy and will no doubt cause even more stress, if you even are able to get a dime. The machine will have value down the road and for years in the future. That seem like the best bet from my vantage point.
Reply:Go buy a new 252, and rite this off as a valubale experience.Disclaimer; "I am just an a$$hole welder, don't take it personally ."
Reply:Originally Posted by tresiPartners are good for 2 things, dancing and screwing.
Reply:I have been in several business ventures with family and of course I did not learn from them. To keep the piece I just let them buy me out and took a good screwing. I was always taught that you can pick friends but you are stuck with family and to just grin and bear it. My advice wouod be let him buy the welder and then you can get a welder you really want. Again this is just my .02 worth
Reply:well my friend, when you deal with family, you should have written contracts for everything. They always assume they own you and in the end, they end up winning as you are the one that walks away for the family's sake. I've been in a similar situation, will never do that again. If you retain a lawyer, you will end up even deeper in the hole.My suggestion, take what you can legally, move on, let it be a lesson well learned.Guy
Reply:it seems that if you take the welder and the tanks, all your really out of are the consumables, which weren't going to last forever anyway.  did i read this wrong?
Reply:No, rusty, you read it right.  Thank God I am moving down to Texas at the end of the month.  a thousand miles from that part of the family may not be far enough, but it is a hell of a start.  I am hoping that if I take it with me, yea I will eat the consumables and it really ends up that he got free use of the welder for all his crap, but if I do take it with me, at least I end up with one hell of a machine.  I really kind of new the answer to my own questions, I guess I just needed some reassurance from those that have been there and done that as I was pretty sure that some of you out there have.  If for nothing else, I at least know that I am not the only one who tried to help out others and got screwed in the end!  Thank you all for your responses, it really helps take the sting out it knowing others understand.
Reply:If it were mine, there would be no question.....the machine goes with me.  Where in Tx are ya going to?
Reply:My wife has accepted a direct commission as a captain in the US Army, medical services.  They have assigned her to Fort Hood, Texas.  We will probably live either in Copperas Cove or Harker Heights, which is on the West and East of the reservation respectfully.  I am looking forward to moving, just not to get away from the idiots, but to get to work in a different area and with different people.  I am hoping to maybe get hooked up with a welding outfit in the area, maybe work on getting my certification or even getting in a welding class to really fine tune what I can do and maybe pick up a damn good job in the area.  Fort Hood is between Dallas and San Antonio just west of I 35, if you weren't sure. Thanks
Reply:Yup, I know it well. Went through there in July. That area is growing a good bit from the last time I was there. Copperas Cove actually got bigger...never thought that would happen. It was always a sleepy little place. I am about 2 hrs south of there..just a piece north of San Antonio. We used to have a ranch NW of Lampassas which is to the west of you. It is a nice area. Nice and quiet compared to the big city. Have fun in your new area.
Reply:Keep the machine, and take comfort in the fact that he's going to have to shell out even more cash for a welder and consumables of his own.  Karma.