OT How to get money back from seller?

Hope this isn't too far ot or you can delete it. My dad bought a piece of shop equipment off craigslist in February, paid the guy in full $5 or 6k to a "local" guy. He's supposed to be transporting it up from Fla but here we are end of June and still no equipment. My dad finally told him he just wants his money back at the beginning of last month. The guy hasn't really disappeared but he's hard to get a hold of on the phone and is full of excuses about how he doesn't have the money but he's still working on transporting a truck load back from Fla. How he can afford that and not afford to pay my dad back is anyones guess.

Long story short he's having a hard time finding a lawyer to take the case, and going by the Fla tags on the guys truck and the PO box my dad mailed to I've got my doubts about him getting his money back. Any advice would be appreciated.

 

a lawyer is not going to touch it, not enough money. your dad will have to take him to small claims court.
its not hard, I have done it myself ( not car related ) and I won both times.
sometimes just getting the subpoena is enough to make a guy pay up.

I lost some money on a deal for a used motor that ended up dead, not as much as your dad but, it hurt.
you would think a fellow "car guy" would not do that.

 

I'm assuming you've talked to civil litigation attorneys. Have the lawyers he's talked to gave him any reasons why they didn't want the case?

Have you talked to law enforcement? It may be a criminal fraud case.

 

I'm going to assume that since he can't pay your dad back the money, then that means the money is gone. I hate to say it but your dad should have arranged for his own shipping arrangements and not rely on someone states away that he's never met. All I can say is "Good Luck"

 

^^^ ditto

 

The PO box should have been the first clue. But maybe it'll work out.

I've heard of folks doing well in small claims court but my best luck has always been with intimidation. of course it helps if enough people believe that you might just be bongos to start with.

 

Should have paid him when he delivered.

 

This is internet fraud and most cities of any size has a internet fraud division. For $400-$500 they won't bother. For 5-6k they will.

You have to start at your local police dept. They will contact the local authorities. You should follow up yourself. Go through the proper authorities but make sure you stay on top of it.

The reason the lawyers won't take it is because Florida law makes it difficult to enforce any judgements.

 

Small claims may work if the guy is local, at least the excuse too far away doesn't work, but if a judgement is won it will be paid back small increments at a time, that don't work either, better just get a couple buddy's that block the sunlight when they stand in a doorway and go pay this guy a visit.

 

You have the guy's address? Go pay him a visit. Bring a truck to haul your equipment home. Also bring a baseball bat in case there is no equipment.

 

Don't let the target know you're talking to law enforcement, let him find out from them. It's always better if that comes as a surprise.

I think small claims court may be a problem when it comes to enforcing the judgment, especially when he's in another state.

$5-6K should be enough to attract the attention of a small practice plaintiff's attorney, if the facts are good and there are provisions for recouping your litigation costs. I don't know New Jersey or Florida law, and I don't know if you had any sort of written contract.

 

Sell the debt, its good for under 10% and fast results

-Shiny

 

take the initiative and go get it yourselves. your dad paid for it, its ultimately his responsibility to handle its transport. you never mentioned if that option was discussed between the seller and your dad.

that is exactly what i would have done long ago.... otherwise id just find something closer to home OR pay for heavy transport.

 

I have ran into this a couple of times (but not on the 5K level)

I used two different approaches and both worked.

The first was a letter mapping out every detail of the transaction in a letter, from the first day of transaction to the date of every phone call with notes on every discussion & conversation. At the end of the letter I stated I have been more than patient and if I don't get my money within 3 days, the next time you hear from me will be through my attorney. I had my money FedEx'd to me two days later.

The next time, I finally had enough of the run-around and told the person don't bother sending my parts because I was going to be flying into his area next week and will pop in to pickup my stuff. He must have got off his ass and sent them right then, because I got a tracking number very quickly after that.

Whatever your approach is, you have to be ready to do something. You need to stop accepting any more b.s. from this person, stop playing along. Decide today you are done playing his games and go get your money or equipment.

These are two very tame approaches, to take this to the next level use your imagination. I have heard of other approaches that are very very relentless (day after day after day). Or do some research on his business' clients, you could contact them and tell them just about anything, it doesn't necessarily even need to do with your transaction. I am sure there have been many put outta business for a lot less than 5K.

Good luck.

 

Q-ball collections.

 

Guido, you want this job or should we call T Mob Inc.

 

5 to 6 thou is to large of a # for small claims. Just need to wake up and quit doing stupid shit. I hate to say that but you guys are in a bad situation and you trusted somebody that shit back on you. Good Luck I hope it all works out !!! Now Back To Building Hot-Rods !!!>>>>

 

Where in Fl is the equipment located? Maybe your Us local Florida guys can secure your equipment at least?

Red Ram

 

I won't indulge in further recriminations - you guys already feel bad enough.

That amount is MUCH too large for any small claims court - your alternative is file a small claims case for the maximum amount allowable and eat the balance.

The poster that suggested you "sell the debt" doesn't seem to understand how that procedure works - in your particular case, there is no "debt" per se....just somebody that has failed to deliver a product as promised. If there is no contract of any kind for them to enforce, there's no interest on their part.

I second the suggestion that you contact your local law enforcement, assist them in providing documentation to the internet fraud division in YOUR state and in Florida. Either this guy is just a complete flake, or he's a scam artist. My guess is the former, as were he the latter, you wouldn't have as much info as you do, ie: correct phone number, license plate, etc.

But...get busy on it - longer you wait, the less likely it is he'll have the money or the goods. Seek help from HAMBers in the area....physically imposing HAMBers are best, or the kind that will visit the guy wearing their "scare" jackets (USA Pistol Champ 2004, 2005 or Master Kahn's TaeKwanDo School of Advanced Martial Arts).

Best of luck, just remember - all transactions through a bank, or face to face cash only. PO Boxes? biggest scam of all

dj

 

It worked for me. I note what I did above as it's what I learned going after $250. The local internet crime guy was great in explaining the situation. He even noted that he was already aware of the person in question but for $250 my complaint would get filed. He did say that if I would show up in person that they would arrest him. Being half way across the country I wasn't going to do that for $250.

As it just so happened, I ran into (on the net tracking this guy down) another HAMBer who was ripped by the same guy for $600. (not through the HAMB, but again C.L.) Same story, I could on occasion get him to answer his phone but all there was were excuses.

This other HAMBer said he knew some guys through the internet from the area and that perhaps they would check this guy out. I have absolutley no idea what happened but I got an email telling me to call off my "friends" off and that I would have the money sent Western Union later that day. By the time I checked the email I already had the info from W.U. that my money was waiting. I went to the nearest local dealer and sure enough it was there.

 

Spend the $300 to fly down there and visit this person face to face. See the equipment, take pictures of the equipment. Then arrange your own shipping of said equipment ($500-$1200). This will put you in the ballpark of $8k for the equipment, or $5-6k lost. Your call.

If there is no equipment, and you have sufficient documentation of a contract (email will do), and payment (please tell me you didn't mail cash to a P.O. Box, and please tell me it wasn't in Nigeria) to the individual, then you have a case for local authorities...

 

Even if you win in small claims court,you may not be able to collect any money if the guy simply doesn't show up or doesn't have any money..Gotta hire this person and that to serve warrants ,garnish wages if he has a job,put liens on any property and so on.
Some guys might suggest strong arm techiques.That's sometimes works,but many times it backfires and you find yourself looking at police charges or the barrel of a gun.If you are gonna take the law into your own hands,do it yourself and tell no one.

 

wow excellent advice from trucked up.

the problem with small claims is you can't get blood from a turnip

or from a con man. and this guy sounds like he's been down this path once or twice before.

I'm really sorry to hear you're in this situation, it just sucks.

I'd report him up and down the police food chain, I wouldn't expect much, but just *maybe* the DA or someone will take an interest.

If no lawyer will take the case then you already know there's no money in it.

My 2 cents: do whatever will give you personal satisfaction to do, but don't expect $$$ results. I'd take him to smalll claims and get a judgement then buy a book from nolo press on how to collect a judgement and see if you can put a lein on something or garnish wages(don't think you can do that in florida) report on his credit , whatever you can do to make his life a little more inconvenient.

Or fly down there and see if the equipment even exists.

Like I said, its a bitter pill, but start getting used to the idea of being out the money and do what makes you feel better and doesn't get you arrested or shot.

Good luck man

 

small claims i believe has a 5k limit-easiest route.

 

$5k is the limit in FL. That is where the case would have to be filed, assuming that the item was listed in FL and money was sent to FL.

 

Small claims court jurisdiction is state by state, but $5K is common. I think it's still $5K in Texas. But if you take a judgment against the guy in JP court, he can appeal it in County court and it's trial de novo...like the JP case never happened.

 

You can sidestep would-be scammers by following these common-sense rules:

• DEAL LOCALLY WITH FOLKS YOU CAN MEET IN PERSON - follow this one simple rule and you will avoid 99% of the scam attempts on craigslist.
  
  

The above was downloaded directly from Craigslist.


I had a friend buy a '55 project from someone local (Ontario Canada). Part of the deal was that some work would be done to the car before taking delivery. Car was (oh oh) PAID IN FULL and a bill of sale was made out that stated if the car was not ready by a certain date, the sale would be void and the money returned. The vehicle then vanished. OK, took seller to small claims court. The judgment...pay back the buyer. It's not over yet. The seller told the court he was bankrupt. Case is tossed. Turns out the guy does this for a living (scamming people). Absolutely nothing he owns is in his name (no assets).

Deal in person PERIOD....cash on delivery.

Hope you get something for your money.

 

Who should I notify about fraud or scam attempts?

• New! FTC Video: How to report scams to the FTC
• FTC toll free hotline: 877-FTC-HELP (877-382-4357)
• FTC online complaint form
• Canadian PhoneBusters hotline: 888-495-8501
• Competition Bureau Canada: 800-348-5358
• Internet Fraud Complaint Center
• Software Piracy (http://www.siia.net/piracy/report.asp)
• Non-emergency number for your local police department.

If you suspect that an item posted for sale on craigslist may be part of a scam, please email the details to "[email protected]". Be sure to include the URL (or 10-digit post ID number) in your message.






Again, this is directly from the Craigslist site. There should be the same thing on your American Craigslist site as well. I am in Canada.



Rule number one at Craiglist (as read from their site) Rule number 1 is "deal locally".



Sorry Bud, but it doesn't sound good to me. If I understand you, this "local" guy has Florida plates yet he's in Jersey? Something fishy here. I would go after the middle man, he's the guy that actually took your money. Don't ask for it back....DEMAND it back. For all you know, he actually IS the guy in Florida and there isn't any machinery.



Do you know any...ahhh, how to say....."motorcycle enthusuiasts" that might be interested in a "side job"?

 

never buy anything from florida. the guy probably already spent the money on meth,crack, etc. unfortunately. guido is your friend.

 

For 5-6K I would have already taken that trip to see him. You can NOT let this slide.