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<blockquote data-quote="esqeddy" data-source="post: 3265064" data-attributes="member: 12322"><p>OK. Here is some legal advice for Marcul26 and any others who got victimized:</p><p></p><p>Forget about suing, take out criminal charges. You gave that man money for parts. If he doesn't give you those parts, because he spent the money on something else, then he committed a crime. The name of that crime varies from state to state but encompasses the following legal theory:</p><p></p><p>Theft by Conversion is taking money from the customer that is supposed to be used to buy parts and labor, and converting it to a use for something other than the customers parts and labor. In particular, if $14K was given for a project, much of which was to be spent on parts, then where are the parts? If the parts were purchased with your money, they belong to you. If he won't give them up, then that is theft. On the other hand, if he spent all that money on something other than the parts, then that is theft by conversion.</p><p></p><p>Theft by Deception is getting money from the customer, when at the time, it was never intended to be spent on parts or labor. At the end of this guys business, this is likely what was happening.</p><p></p><p>Now why do I bring all of this up? Because you need to press charges.... NOW!!!</p><p></p><p>The charges would be felony charges that would carry a long probationary period with a order to pay restitution or go to prison. This is you best tool to ever see any of your money again. </p><p></p><p>I feel your pain. I had an almost identical thing happen once. But the guy wasn't very smart in that I was the Cheif Magistrate Judge at the time. I had my deputy magistrate issue a warrant for his arrest with a $6400.00 cash bond which equaled what I was out. Once arrested and looking at being shipped to the jail in my county to face felony charges, I was surprised at how fast he came up with the $6400.00.</p><p></p><p>Best of luck and if I can be of service, please let me know.</p></blockquote><p></p>
[QUOTE="esqeddy, post: 3265064, member: 12322"] OK. Here is some legal advice for Marcul26 and any others who got victimized: Forget about suing, take out criminal charges. You gave that man money for parts. If he doesn't give you those parts, because he spent the money on something else, then he committed a crime. The name of that crime varies from state to state but encompasses the following legal theory: Theft by Conversion is taking money from the customer that is supposed to be used to buy parts and labor, and converting it to a use for something other than the customers parts and labor. In particular, if $14K was given for a project, much of which was to be spent on parts, then where are the parts? If the parts were purchased with your money, they belong to you. If he won't give them up, then that is theft. On the other hand, if he spent all that money on something other than the parts, then that is theft by conversion. Theft by Deception is getting money from the customer, when at the time, it was never intended to be spent on parts or labor. At the end of this guys business, this is likely what was happening. Now why do I bring all of this up? Because you need to press charges.... NOW!!! The charges would be felony charges that would carry a long probationary period with a order to pay restitution or go to prison. This is you best tool to ever see any of your money again. I feel your pain. I had an almost identical thing happen once. But the guy wasn't very smart in that I was the Cheif Magistrate Judge at the time. I had my deputy magistrate issue a warrant for his arrest with a $6400.00 cash bond which equaled what I was out. Once arrested and looking at being shipped to the jail in my county to face felony charges, I was surprised at how fast he came up with the $6400.00. Best of luck and if I can be of service, please let me know. [/QUOTE]
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