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Bummed Out Newb On My First Mill Purchase Gone Bad

Discussion in 'A BEGINNER'S FORUM (Learn How To Machine Here!)' started by rdrasher, Jan 7, 2017.

  1. BGHansen

    BGHansen United States H-M Supporter - Premium Content H-M Supporter-Premium

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    Small claims court in our area is around $25 for up to $1000 claims, $40 for up to $2500 and $65 for up to $3500. We've used it a number of times, pretty painless process. You file the paperwork at the courthouse and have him served the notice of the court date. You can use a private server (any adult other than you as the complainant) or the court server. We used the court server which cost about $25. You go to court and meet with a magistrate or judge and present your case. If the defendant doesn't show, slam dunk in your favor. Regardless, you get a decision and the judge asks them for their payment plan. If they don't pay at that point you have to file another court paper (think it's called a Writ) to have them reappear. You can also file paperwork for garnishment of wages and seizure of property. In our case the defendant had to give at the time of judgement his bank account numbers (yet another filed paper to seize funds), place of work (for garnishment of wages), and social security number (for seizure of tax returns). Yet another piece of filed paperwork to seize assets. Sorry that you're having to learn the process. That's how it worked in our area 7 or 8 years ago, may be different in yours.

    Bruce
     
    brino likes this.
  2. kvt

    kvt Active User Active Member

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    I would wait until after he is served then contact the zoning, or have a friend contact them that way it is not you directly harassing him
     
  3. rdrasher

    rdrasher United States Active Member Active Member

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    Thanks everyone for all the info and support!

    I'll be heading over to the court house tomorrow so I can start to put an end to this nightmare.
     
  4. jeepguy88

    jeepguy88 United States Iron Registered Member

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    What's the latest update?
     
  5. rdrasher

    rdrasher United States Active Member Active Member

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    Sorry guys for the lack of updates.

    I tried to give him one last chance to give me my money and he claimed to have mailed me a money order (for the second or third different time) and of course nothing showed up. I even told him (for the second time) that I would meet him at a police station to exchange the money in the lobby with cops all around so everything would go smoothly, but he still wouldn't. So at the beginning of the month I filed a small claims suit against him and he was served this past week. Now I'm just waiting for my day in court next month.
     
  6. jmarkwolf

    jmarkwolf United States Active User Active Member

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    I'll bet he doesn't show, you win the case by default, and then you have to start collections process, which will be like more of what you've been doing so far.

    Been there. Hope it works out for you.
     
  7. rdrasher

    rdrasher United States Active Member Active Member

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    Thanks!
    He probably won't.
    It should be open and shut case.
    I made sure to keep all our conversations via text and email, so as to have a "paper trail" where he admits multiple times that he owes the money to me and where he set up multiple times and places to meet and never followed through, etc. etc.
     
  8. Cadillac STS

    Cadillac STS United States Active User H-M Supporter-Premium

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    Could you ask the the value of the mill he kept which is your property and not just the $700? Bring in some other ads showing the price of similar condition J head Bridgeports to show the court. Because with the money transfer and the receipt the property is yours and the value is also yours even (And especially) if it is more than you paid.
     
  9. Finster

    Finster United States Active Member Active Member

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    So I was just reading through this thread for the first time. It's like someone ripped the last page out of a book. What happened?
     
  10. rdrasher

    rdrasher United States Active Member Active Member

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    Sorry guys,

    There hasn't been much to report lately. I've been waiting about a month for my first court date which is this Friday. So, I should have an update after that!
     
    Charles Spencer and JimDawson like this.
  11. Cadillac STS

    Cadillac STS United States Active User H-M Supporter-Premium

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    Courts love to see paperwork as evidence to support claims over someone just saying something to make a point.

    Consider spending time today and tomorrow browsing craigslist and eBay and printing out comparable used mills with asking prices and current dates. Have 5 or 6 to hand over for the court official to see with you losing your property and asking for financial recovery. Lets them see what you are really talking about as well so they don't have to imagine what the situation was.

    May not help but would be very handy to have that right there to show the point.
     
    brino likes this.
  12. kvt

    kvt Active User Active Member

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    Yea, the courts are like other Gov things the more paperwork you can provide the better.
    Good luck and if he does not show, all that will just help all the much more.
     
  13. rdrasher

    rdrasher United States Active Member Active Member

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    I got my receipts and printed up all the text convo between us and made a bullet point sheet of info for myself, etc.

    We'll see how it goes tomorrow!
     
    Charles Spencer likes this.
  14. umahunter

    umahunter United States Active User Active Member

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    Good luck man what a friggin nightmare
     
  15. rdrasher

    rdrasher United States Active Member Active Member

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    Believe me it has been.......
    What also makes me mad is that not only did he rip me off, then he has the nerve to go on FB and cry poor mouth and beg for household stuff from people in the local community, and people flood him with free stuff!

    He is an expert at playing on peoples emotions, etc.
    I was going to blast him on FB but he blocked me before I could.
     
  16. Finster

    Finster United States Active Member Active Member

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    He's not going to show up for court.
     
  17. umahunter

    umahunter United States Active User Active Member

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    We got people that do that on Facebook here they go on asking for free stuff with thier hardluck story people give em good stuff then they turn around and try and sell it
     
  18. Finster

    Finster United States Active Member Active Member

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    So did the guy show up for court?
     
  19. vtcnc

    vtcnc H-M Supporter - Premium Content H-M Supporter-Premium

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    : toe tapping : waiting :
     
  20. rdrasher

    rdrasher United States Active Member Active Member

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    Surprise! Surprise! the guy actually showed up today for court( in his finest dirty t-shirt, shorts and sneakers )!

    The court asked us to talk to a mediator in a side room before going infront of the judge. We sat down and the mediator explained his role and asked if we were willing to work things out. We both agreed and I briefly explained my side of things and how it all went down. When the mediator asked the guy that ripped me off what he had to say, he said "I'll make it easy, I owe him the money". I was a bit taken back and surprised by his candid straight to the point response. So we agreed that he would pay me the $500 he owes plus the $135 in fees that I paid the courts. He said he needed 2 weeks to get the money and I agreed. So, hopefully he pays up within the next 2 weeks. Otherwise, I just need to let the court know and they will award an instant judgement in my favor against him.

    Hopefully he comes through, but not holding my breath..........
     
  21. Finster

    Finster United States Active Member Active Member

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    I can't believe he showed. I doubt you will see the money in two weeks but you never know.
     
  22. Finster

    Finster United States Active Member Active Member

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    I'm not trying to rain on your parade but I was thinking about this. Obviously, this guy isn't very bright, he's just an average con man/ thief. I'm wondering if he thought that by not showing for the hearing, a warrant would be issued? Maybe he didn't know that is not done with civil suits? To me it doesn't make any sense that this guy would show up, agree and still have no money??? It's not like he didn't have weeks to come up with some cash. Something here smells. All in all, I hope I'm wrong and you get your money back.
     
  23. 4gsr

    4gsr Global Moderator Staff Member H-M Supporter-Premium

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    Wonder how many others he will bum money off of just to get you paid back?:(:mad:
     
  24. rdrasher

    rdrasher United States Active Member Active Member

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    I hear ya. I think he "wants" to do the right thing, but ultimately still makes the "wrong" decision. I know he's on probation already and maybe that worried him. I told him before I would go to the state attorney to pursue possible criminal charges. Even if I could get a low level misdemeanor brought against him, that would put him straight back in jail.

    Again, not holding my breath, but you never know.
     
    Fitter Bill likes this.
  25. Finster

    Finster United States Active Member Active Member

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    Yea, depending on state law, it could be considered larceny or theft by deception. Although with the money involved, it would probably be petty larceny. The DA would probably consider it a waste of time for them but you never know.
     
  26. rdrasher

    rdrasher United States Active Member Active Member

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    Yeah probably. But I'm sure he wouldn't like the thought of possibly going to jail, especially since he's got a kid due in a month.....
     
  27. Finster

    Finster United States Active Member Active Member

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    Another thing I don't understand is why he just didn't agree to take you over and give you the mill just to end it. He would not have to pay you back and you would have had the mill. This guy must be a true jerk.
     
  28. Cadillac STS

    Cadillac STS United States Active User H-M Supporter-Premium

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    The thing about probation officers is they really are happy to hear ANY information about someone on probation doing something wrong. It is TOTALLY up to the probation officer to call a violation on him. No need to have any official charges at all. In fact even if you do get the money you could drop a dime on him to the probation department and they would take him to task too, very likely pull probation.
     
  29. rdrasher

    rdrasher United States Active Member Active Member

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    yeah I know right...... I know he never took down the CL ad until way after he gave me a partial refund. I bet he thought he could sell it for more money and keep the difference after paying me back. He had it up on CL for $1150 then Christmas came and he lowered it to $700(needed money for holidays). Then he put it back up to $1150 after.
    I asked him at mediation if he still had the mill and he said he lost it to a storage place.
     
  30. rdrasher

    rdrasher United States Active Member Active Member

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    I contacted his P.O. before going to the courts, but she kind of blew me off. She said she had a "client" infront of her and told me to call back the next day. I tried the next day and they said she left for the day, the I tried the day after that and she wasn't there. So I stopped trying. If he doesn't pay up by the 15th I may try the P.O. route again.
     

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