Legal Action against Carrion Monitors

[Emanuel A.]

LOL Luis, you need to hurry up. Your customers are opening their secrets box.

Sorry guys, I am just joking and happy on and in your behalf after all that. As said, you are in good hands. Praise the Lord!

BTW, any help or suggestion on my need of help?

Zakaree,


I have a case with a seller based in California (San Francisco). Took me almost $1000 and I never saw the Sharp DT500 projector plus an Epson screen I bought and paid via wire transfer as requested from an ebay seller with 100% of positive feedback. I don't have his details. But once he has bank account to where the money was sent, the banker should have them.


I know I am the lawyer on duty over here :hat: but might you help me with your laws and legal authorities in the US?
Once the guy now says he sent me the item when it never really happened.


Don't mention ebay. I placed my confidence on a flight scheduled to the US when I'd order the shipping then; which didn't happened before the 60 days for the feedback procedure and my tool. My fault. Besides, I wish ebay had changed their name to emanuel.com :sarcasm: -- 'their' fault.


Can anyone help?


Thanks,

E.

 

[Rob Gardner]

Thanks, Luis for the update. We look forward to further information and the final delivery of the monitor.

keep in touch...

Rob

 

[Matt Benda]

still haven't received mine.
paid in full over a year ago.
8/20/08.

matt

 

[Jeff Coatney]

In terms of a court suit, the maximum an individual can sue for in small claims is $7500. Certainly, that would cover the money that was paid for the monitor and perhaps some subrentals, etc. But I would imagine, the lawyer fees and the hassle might not be worth it.

Small Claims Courts in most jurisdictions do not allow you to be represented by an attorney. You, as Plaintiff, must face the defendant in court. In order to get them to court, you must serve them with a summons. In order to serve them, you must locate them and have a process server serve them the summons in person.

The other question is: Is this business located within the jurisdiction of the court? If the business is located out of state, there is the potential for an interstate commerce violation or a Federal criminal fraud charge.

So hopefully, before you all band together to solicit the State's Attorney General's office to investigate the large volume of complaints, he will communicate with his customers and explain the delays, offer refunds to those that want out, and work his ass off to make everyone else happy before a gavel "falls" on his head.

 

[Steve Sherrick]

Small Claims Courts in most jurisdictions do not allow you to be represented by an attorney. You, as Plaintiff, must face the defendant in court. In order to get them to court, you must serve them with a summons. In order to serve them, you must locate them and have a process server serve them the summons in person.

Yes, but you may elect to consult with an attorney to know what you are up against, how to present the case, etc.

In any case, I'm with you on trying to get this sorted out without the courts involved. Luis is not a scam artist. Like many of us, he is just spread thin between his work and his side projects. Communication with his customer base will solve the problem. This way, if they want their money back, he can issue refunds. If they are okay with waiting as long as he gives them regular updates, then that's great too. But what I have sensed from most people is frustration over not knowing where things stand. I don't think anyone here really wants to go through a court process.

 

[Rob Gardner]

Best bet for everybody is for Luis to get back with a schedule for delivery he can honestly live with and for the customers to get on board with that. Even if the schedule is not something that will make everybody happy if he commits to it, I think most people would be satisfied. I would.