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PatSPLIT

Chimp
Nov 11, 2010
1
0
By the looks of it its time to get serious.

I sued my landlord when it became clear after months that he wasn't going to give me back my security deposit.

Guess what? After he was served and we got into the court room for our hearing, the MuthaEffer, pulled me aside and we settled right then and there. He told me he would mail the check. The hearing officer gave him 1 week, otherwise I could set a new hearing date. One week later the check arrived. The whole ordeal cost me $15 dollars to file the paperwork and couple dollars for parking.

Best part about small claims is that you don't need a lawyer. Any intelligent person can build a case against idiot businessmen who think they are invincible.

People sometimes only respond to some serious sh*t and will tell you EXACTLY what you want to hear in order to keep you going.

You have a name, address, evidence, probably some local witnesses that could come give their testimony...

After a while enough is enough. BE FIRM. GROW SOME BALLS and SUE THE BASTARD!!!!!!!
 

mongoose2231

Chimp
Aug 17, 2007
41
0
this thread has been going on since march of this year.
has any progress been made for either getting your money back
suing the person?

just giving up

I have not forgotten about this. I have been diverting my attention towards other more important things in my life right now. I will definitely not drop it. He will pay. I don't care much about the money anymore, just my custom parts. I wanted so bad to have my bike ready for the UCI World Cup finals at Windham.... This has been a real nasty ordeal that I have to set aside and deal with later on. I'd say after Thanksgiving I can go ahead and devote myself 100%.
 

mongoose2231

Chimp
Aug 17, 2007
41
0
what kind of bike was he making for you again?
I hired him to build a front triangle and a rear swing for a full suspension set up I had been working on for a while. He said he put a lot of work into the rear fixture, I never saw any proof of that. The usual bull**** I always got from him. The design was intricate kind of like a latice, but not impossible. The reason I hired him was because he had the tools and he also came recomended by Brooklyn MW.
 

HardtailHack

used an iron once
Jan 20, 2009
6,706
5,590
Thanks. I have invested a lot in this machine, hence my frustration with Brad. The machining alone for the custom links cost a fortune.
Should have had a chat to Purgatory Bikes, pretty sure Mark does everything except for the welding on his frames.
 

dexter

Turbo Monkey
Sep 23, 2001
3,053
99
Boise, Idaho
You guys have it easy compared to what i have dealt with and am still dealing with. I rode for Brad for 3 years starting around Thanksgiving of 2006. He has slowly stolen over $1800 from me, has one almost complete bike of mine (has had it for almost 2 years now, and it was not built properly to start with), two forks- one used and one brand new kowa that is now over 2 years old, another frame that is complete that he keeps saying he needs to buy the rear triangle for, or he needs to finish the front end (keeps going back and forth for 4 years now). He claimed at the end of July that he would have everything packed up and shipped out by end of August. It is now Almost December and I have heard and seen nothing.


Everyone's fault but his own. its sad
 
Apr 24, 2010
78
0
On my laptop
You guys have it easy compared to what i have dealt with and am still dealing with. I rode for Brad for 3 years starting around Thanksgiving of 2006. He has slowly stolen over $1800 from me, has one almost complete bike of mine (has had it for almost 2 years now, and it was not built properly to start with), two forks- one used and one brand new kowa that is now over 2 years old, another frame that is complete that he keeps saying he needs to buy the rear triangle for, or he needs to finish the front end (keeps going back and forth for 4 years now). He claimed at the end of July that he would have everything packed up and shipped out by end of August. It is now Almost December and I have heard and seen nothing.


Everyone's fault but his own. its sad
I have an idea go to his place and ask for your stuff back in person.

Bring an intimidating person with you. don't threaten him
but the appearance of a threat works wonders.
 

demo 9

Turbo Monkey
Jan 31, 2007
5,910
46
north jersey
You guys have it easy compared to what i have dealt with and am still dealing with. I rode for Brad for 3 years starting around Thanksgiving of 2006. He has slowly stolen over $1800 from me, has one almost complete bike of mine (has had it for almost 2 years now, and it was not built properly to start with), two forks- one used and one brand new kowa that is now over 2 years old, another frame that is complete that he keeps saying he needs to buy the rear triangle for, or he needs to finish the front end (keeps going back and forth for 4 years now). He claimed at the end of July that he would have everything packed up and shipped out by end of August. It is now Almost December and I have heard and seen nothing.


Everyone's fault but his own. its sad
small claims court, especially if you have documents, bring the rest of the board with you and upgrade it to class action
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
You guys have it easy compared to what i have dealt with and am still dealing with. I rode for Brad for 3 years starting around Thanksgiving of 2006. He has slowly stolen over $1800 from me, has one almost complete bike of mine (has had it for almost 2 years now, and it was not built properly to start with), two forks- one used and one brand new kowa that is now over 2 years old, another frame that is complete that he keeps saying he needs to buy the rear triangle for, or he needs to finish the front end (keeps going back and forth for 4 years now). He claimed at the end of July that he would have everything packed up and shipped out by end of August. It is now Almost December and I have heard and seen nothing.


Everyone's fault but his own. its sad
I'm amazed that you still have him listed as one of your sponsors in your sig file........
 
Apr 24, 2010
78
0
On my laptop
small claims court, especially if you have documents, bring the rest of the board with you and upgrade it to class action
the court fees and atty's you would need to do a class action suit which you would have to pay up front would be in the tens of thousands, i would try the in person thing first
 

dexter

Turbo Monkey
Sep 23, 2001
3,053
99
Boise, Idaho
I would but seeing as this is across state lines there is no real legal action I could take except for moving there. Hell even paypal wont do anything about it
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
Interesting note on inter-state small claims court:

Ok, a follow up. I did some research, and apparently it is a real pain to do interstate small-claims court suits. I would have to file and appear in Chicago, and even if I won and got expenses, I would need to identify his assets to be able to recoup anything. I am pissed enough that I would gladly spend a few hundred dollars to make his life miserable, but it doesn't seem likely enough that I really accomplish that.

My hope was that I could sue locally to get a subpoena that I could use to get his account data from his cell provider including which phones were used, by IEMI number. That would show that he had the phone I sold him. Unfortunately, it is a GSM phone and they only track them by SIM number, which I don't have. This unfortunately keeps your great idea, altcountryman, from working by reporting it stolen as well. My feeling is that without that evidence, even though I have his conflicting statements and the police report, is that I don't have a rock solid case.

So I filed complaints with the postal service and the FTC, since he used a "company" name in the transaction. I would post it, but I don't want google to pick it up and lead him to these questions. I also called the local police where he lives, and spoke with the officer in charge of consumer fraud. I gave him all the information and he called the house. The scammer is a kid of about 19 or 20 who lives with his parents, so I am vaguely hopeful his parents don't know what he was doing and won't be happy to hear from the officer.

I am also going to send a complaint again to PayPal, because they have some appeal process, but at this point I just don't think they will do anything. Now that I know what to look for I have found many other examples of this kind of fraud. I think they realize they can't do much about it, so they spend as little time as possible on it to keep their costs low.

Thanks for the answers. Not much to do in this case.

(Oh, and yes. I was the seller. I sent him a nice purple phone. He complained I sent him a broken black one. He sent a broken gold one back. I do forensics, and attempted to extract data from the phone, but it was completely dead.)
Just as an FYI.
 

demo 9

Turbo Monkey
Jan 31, 2007
5,910
46
north jersey
Anybody sure that you cant do small claims across state lines, I was in the process of doing it to somebody in colarado who would have to show up here
 

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
In every jurisdiction that has given me a license a small claims action is a County or Parish, even sometimes a City based issue. As such, that person has to either work or reside in that county for you to sue them. If they don't live in your county/town, then chances are that you cannot sue them there. You have to sue them where they live, not vice versa.
 

blue

boob hater
Jan 24, 2004
10,160
2
california
In every jurisdiction that has given me a license a small claims action is a County or Parish, even sometimes a City based issue. As such, that person has to either work or reside in that county for you to sue them. If they don't live in your county/town, then chances are that you cannot sue them there. You have to sue them where they live, not vice versa.
SC in Utardia is a state matter, and the grounds for jurisdiction of the suit are either in the respondent's home state, or in the state the complaint occurred in.

Not a lawyer, but former legal bike messenger and successful small claims plaintiff.
 

demo 9

Turbo Monkey
Jan 31, 2007
5,910
46
north jersey
From what I knew for mine (didnt happen though) If _____ sells in NJ(example) He has to come to me (if i got scammed by him) and defend himself, This costs a THEM ton of money, which is why mine decided to "settle" I didnt even need a lawyer, i just had to show up, and they either defend themselves(and probably with with a huge bill), or make sure it doesnt happen

If brad was willing to sell to your state, your fine?
 

mongoose2231

Chimp
Aug 17, 2007
41
0
Ok, so it has been a while since I have done anything regarding this matter. With the purchase of a new home, and the relocation of our offices it has been kind of hectic. However, untill I take some legal action, this thread will be bumped non stop from now on.
 

Sandwich

Pig my fish!
Staff member
May 23, 2002
21,061
5,970
borcester rhymes
keep saying nemesis project. You know, nemesis project this, nemesis project that. Nemesis project scammed this guy, nemesis project has chronic flatulence, nemesis project makes fixie pixie bikes, nemesis project got picked last for kickball, you know, things like that.

i can't believe this thread is still active...
 

MMike

A fowl peckerwood.
Sep 5, 2001
18,207
105
just sittin' here drinkin' scotch
Like this?

nemesis project this, nemesis project that. Nemesis project scammed this guy, nemesis project has chronic flatulence, nemesis project makes fixie pixie bikes, nemesis project got picked last for kickball
 
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