 The Clarinet BBoard
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Author: ggaebe
Date: 2005-05-13 00:02
Did not find this web site and warning letters until too late. I know there are several of us out there. I am the most recent one, still trying to get my clarinet back, but it is probably already sold on ebay! Very frustrating experience. I would like to know how many of you have had a similar experience. I plan on filing a claim with the internet fraud web site, BBB and the Milwaukee police. Any of you already done that? I would really like to shut down his web site and post warnings that people will see before they send an instrument. Let me know if you want to share ideas and see what we can do to stop any further criminal behavoir.
Geoff
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Author: hartt
Date: 2005-05-13 00:54
wow, way too bad.
If you are in Milwaukee or nearby, then you can file the compalint you indicate. The Police route is more for a stolen property issue (which this appears to be) but, you have no factual proof your clarinet was actually stolen.
Whether you live locally or elsewhere, you'll need to file a a civil claim in your local small claims justice court. Be sure you have supporting documentation, s/n, mailing receipts, delivery confirmation, etc.
Usually the court mails the complaint, registered mail, return receipt.
Here's the problem....
Mr. Nobody can refuse receipt or accept receipt and still not respond to the complaint. 30 days needs to elapse before the court will order a judgement to you for his failure to answer. If , however , he responds (directly to the court) then depending on his answer, it can drag on and on.
If you are awarded the judgment, all this judgment is, is your legal ticket to further pursue $ reimbursement (including court fees) against his bank accout or garnishment of paycheck with an employer. Seemingly, he's self employed so garnishment is not an option. You'd need to know his bank (from a cancelled check) , obtain proper forms from the bank and submit them along with the court documents.
As silly as it seems, you cannot call around to local banks in his area and inquire if they have his account.
Hindsight is too late now but one of the benefits of the BB is the ability to research and read feedback from others.
regards
dennis
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Author: Mark Charette
Date: 2005-05-13 01:23
Please, share your ideas somewhere other than this BBoard. While I have no problem with people stating their own problems here (we don't need a re-iterating of what's already on record), I don't want the BBoard to be the "gathering place".
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Author: SueSmith
Date: 2005-05-13 01:47
Wow,
I don't understand...if there is a fraud out there who claims to give a service and ends up stealing your equipment (be it a repair man or MP refacer), then this is a CRIME IMO. It should be the duty of those who have been scammed to inform others.
People on this board either refer or warn others to certain Ebay members...how is this any different?
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Author: Mark Charette
Date: 2005-05-13 02:09
SueSmith wrote:
> Wow,
>
> I don't understand...if there is a fraud out there who claims
> to give a service and ends up stealing your equipment (be it a
> repair man or MP refacer), then this is a CRIME IMO.
You misunderstand. Reporting to us of personal misfortunes is fine (just remember, if you exaggerate or claim things that did not happen you may be legally liable for what you say here); however, using the BBoard to plan action is not. That's what personal email is for.
Also, claiming something is a crime and proving it is not for us to do; that's what courts and lawyers are for.
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Author: clarinetwife
Date: 2005-05-13 02:12
Mark has put the brakes on specific ebay discussions as well. I can understand that he has to be careful what the record is and what the content is on this site since it is his house and it is out there for all to see.
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Author: Alseg
Date: 2005-05-13 13:04
I you are planning a specific mode of action between posters, then heed Mark's warning. He is well versed in internet law....and public "cahoots" can come back to haunt you.
If you have general legal guidance for such situations (and not just this one), then it would be nice to share as a generalized principle to follow in case any of us get into a similar bind.
Former creator of CUSTOM CLARINET TUNING BARRELS by DR. ALLAN SEGAL
-Where the Sound Matters Most(tm)-
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Author: ggaebe
Date: 2005-05-13 14:04
Mark, I understand and will conduct this off the BB. Only thought to contact individuals that want to do something, and then go off line with them. Thanks.
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