any lawyer members I need advice
#21
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Confrontational much? Nobody is saying the guy should show up holding a bat. Good lord.. If said person showed up in a friendly manner and explained he was just making sure it was legit, I'm sure most people wouldn't have a problem with it. Do you treat all your visitors like that?
I would ask that he fax or scan and e-mail you a copy of the DHL shipping bill.
#22
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i was just saying 98blackss, that i dont want a third party showing up at his door even in a friendly manner because like earlier stated he could feel threatened and that could esculate the how sitiution even more.
I did speak with my lawyer this morning and he stated that if need be i could press charges, he named a few that easily could be applied to the situation. Im going to give him till the end of the week to contact me then monday morning i have no other choice.
just another update my 68 Camaro is going to the paint booth hopefully next tuesday. I have still have a couple more days of body work..
really need my engine to test fit and apply any changes before i paint, but it looks like that might not happen..
I did speak with my lawyer this morning and he stated that if need be i could press charges, he named a few that easily could be applied to the situation. Im going to give him till the end of the week to contact me then monday morning i have no other choice.
just another update my 68 Camaro is going to the paint booth hopefully next tuesday. I have still have a couple more days of body work..
really need my engine to test fit and apply any changes before i paint, but it looks like that might not happen..
#23
Why not contact the local police dept. in Texas and ask them to confirm the mailing address and seller's name or to personally retrieve the shipping info for you? Also, pay base legal a visit (If they are not your legal advisors already) They should be able to get you some answer fairly qiuckly.
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SGT. Johnson
DD214 on 10/99
Semper Fi Brother!!!
SGT. Johnson
DD214 on 10/99
#24
Contact me if this doesn't work out. I'm a prosecuting attorney and work closely with the Postal Inspectors out of southern Indiana. These guys will rip him a new one if this is a scam. They will coordinate with your local Postal Inspectors to assist you. Future reference, always verify that the person you are paying really lives at the address given. Easy to do through local phone check or internet check. This way you a have a real person and name to give to law enforcement. Your local DA/County Attorney/States Attorney can and should help you also. Almost all states have an inacting statute which allows them to prosecute a criminal charge in your home state based on this type of fact pattern. Thank you for standing on the wall for our country! Long line of service in my family. Dad is retired Corman, Seabees, with five brother who have served and are still serving.
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Confrontational much? Nobody is saying the guy should show up holding a bat. Good lord.. If said person showed up in a friendly manner and explained he was just making sure it was legit, I'm sure most people wouldn't have a problem with it. Do you treat all your visitors like that?
No, I'm not some tough guy or kid looking for a fight. Just think people should be aware that not everyone is willing or will automatically take a stranger at the door lightly, no matter what nice things they claim to be saying.
-Tim
#26
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Hope this all works out for you man. I read about way to many people that do these private party deals over Ebay and what not and just get screwed. i personally would not ever send a money order for something like this. use a credit card, or paypal so you have more protection. Also, Why is DHL still in business? i ship motors through all different companies and the worst i have yet to run into was on a shipment from KS to MI and it only took 4 days. 2 weeks is rediculous to have something freighted. i get cars shipped 3/4 of the way across the US in less than a week, it shouldnt take a motor/tranny that long. Good luck getting what you paid for.
#27
I should stay out of this, but you guys have a rather naive faith in our legal system.
I have seen this sort of thing happen to too many people I know. And absolutely right, he is breaking the law. But just as absolutely there are not a lot of easy options to get him to do what is right.
A lot of tough talk, but filing charges on him is probably going to be more work than you will be willing to put up with. And even if you win a lawsuit, you still have to collect. That ain’t easy if the guy is truly a give a **** dead beat. Believe me when I tell you this.
My suggestion is to try the honey vs. vinager approach for as long as you can. Only call in the law and the lawyers when you are convinced the money is already lost and you have nothing else to lose by doing so.
I have seen this sort of thing happen to too many people I know. And absolutely right, he is breaking the law. But just as absolutely there are not a lot of easy options to get him to do what is right.
A lot of tough talk, but filing charges on him is probably going to be more work than you will be willing to put up with. And even if you win a lawsuit, you still have to collect. That ain’t easy if the guy is truly a give a **** dead beat. Believe me when I tell you this.
My suggestion is to try the honey vs. vinager approach for as long as you can. Only call in the law and the lawyers when you are convinced the money is already lost and you have nothing else to lose by doing so.
#28
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Its like a theft of a friend of mines business- the crook is ordered to pay something like $1200 restitution, but is locked up and has no income- so thats never happening.
#31
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i did give him a final email on saturday and today he replied that tomorrow morning he will be going to dhl. so hopefully tomorrow night i will have an answer for you all and myself.
I also contacted a lawyer, he stated that he needs to see if we can use the strong arm stature, which i could make him come to michigan to go through court here. If not i will have to file in Texas.
Again I dont want to get the law involved and just today he did send me an email. So i hope that it is just a shipping error and I JUST GET MY MOTOR...
I also contacted a lawyer, he stated that he needs to see if we can use the strong arm stature, which i could make him come to michigan to go through court here. If not i will have to file in Texas.
Again I dont want to get the law involved and just today he did send me an email. So i hope that it is just a shipping error and I JUST GET MY MOTOR...
#32
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I have been following your problem, I really hope you get this resolved and that there is just some disconnect in the DHL...
But if he is legit, he should have some paper work that would allow you to call DHL and back track it somewhere.. Have him fax that to you or scan it and email it to you. get his documents also.
Maybe you can at lease have someone check out if the address is a legit one there and that someone can just look without any contacting. Call one of your army buddies to make a drive by with a hummer !
P.S....As far as going to texas.. don't they have consealed gun permits and rifles on the window rack of trucks !...
But if he is legit, he should have some paper work that would allow you to call DHL and back track it somewhere.. Have him fax that to you or scan it and email it to you. get his documents also.
Maybe you can at lease have someone check out if the address is a legit one there and that someone can just look without any contacting. Call one of your army buddies to make a drive by with a hummer !
P.S....As far as going to texas.. don't they have consealed gun permits and rifles on the window rack of trucks !...
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I had sort of the same thing happen trying to buy a T56 from a guy in NY. He said it was shipped and lost, then he said it was still at the friends house who shipped it for him, etc, etc, etc. Eventually he gave me $500 back, but he still owes me $750 I'll probably never see. My experience is the same as yours in ONE detail. He never could find the tracking number and swore the tranny was shipped. The fact that DHL can't find record of a shippment and he hasn't provided a tracking number in over 2 weeks leads me to beleive you were taken. I hope I'm wrong though.
Re'
#38
Get the Postal Inspectors on it. You got interstate mail fraud going: you mailed the payment and got screwed; a Federal offense. Go down to the local Post Office and talk to them about it. Take documentation (copy of the check, emails regarding the sale, original path you followed to find this "engine", stub from certified mail, etc.) The Postal Inspectors will cost you nothing, and have inter-state reach - which a lawyer won't, if you use a local Michigan guy to try to get something done in Texas.
#40
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honestly without you personally knowing the fellow member, I would not have anyone go to this guys house, it would be a good idea for members around the houston area to look for similar sales on craigslist, autotrader and such. Was there a vin involved for the motor? The best thing is to relax, and send a professional letter/email letting him know that this does need to be taken care of, you have all paperwork and supporting documents
Personally if the guy is still responding to emails and trying to be as helpful as possible then that would be ok with me, but on the same note, if I was in his shoes I would be worried about covering my *** and making sure I give you all the paperwork from DHL and anything else to try to comfort you that it is out of my hands at this point.
Hope this helps-MST3 Coyle USCG
Personally if the guy is still responding to emails and trying to be as helpful as possible then that would be ok with me, but on the same note, if I was in his shoes I would be worried about covering my *** and making sure I give you all the paperwork from DHL and anything else to try to comfort you that it is out of my hands at this point.
Hope this helps-MST3 Coyle USCG