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Maddog5150
06-01-2011, 9:22 AM
I posted this a little but ago
http://www.calguns.net/calgunforum/showthread.php?t=432250

Long story short, this guy that my parents only knew via first name tries to sell me a truck. I give my cash to my parents since I live in SD now instead of Riverside. He talks them into fronting the cash for the truck while he takes it in to check it out from a mechanic. The supposed actual owner is this guys friend.
about 7 weeks later still no truck, cant get a hold of the guy, he wont answer his phone. My parents didnt get a reciept, just a verbal contract. Is this going to get laughed at when my pops goes to the police to file a report?
Any advice is greatly appreciated. I am really pissed off about this but I am NOT going to do an immature thing and try to hunt him down myself. I have too much to lose than just two grand but still, two grand is a lot of money for me.
Thank you in advance.

Roddd
06-01-2011, 9:45 AM
You have a case...but I'm not sure what would come of it. Your best course of action is to handle it as a civil matter and go to small claims court. Unfortunately, this was an expensive lesson to learn.

bombadillo
06-01-2011, 9:46 AM
Wow, sucks you had to learn your lesson this way and I wish you the best. You definitely have a case of theft.

Maddog5150
06-01-2011, 9:49 AM
sad part is. If I were the one doing the deal, I would of laughed and walked off. The lesson learned was not to trust my too trusting parents :(

Roddd
06-01-2011, 9:53 AM
Just be cynical in the future I do hope you can straighten this out. Do you have the plate or VIN off the truck? That could help LE in tracking the guy down if you file a grand theft case. Good luck, $2,000 is a lotta cash.

Maddog5150
06-01-2011, 9:55 AM
No I dont. My parents didnt even see the truck. They were supposed to check it out for me. Send me pics then wait for my go ahead to buy it. The truck never existed from what I can tell. There was also never a pink slip in my name so I cant call grand theft auto.
My dad keeps reminding me that he wrote down all the serial numbers of the bills. Like thats going to effing do anything.

lorax3
06-01-2011, 9:55 AM
The hardest part in a civil trial is going to prove that this deal actually went down. Your biggest hope is that the guy has a 2K deposit into his bank account.

Good Luck!

Maddog5150
06-01-2011, 9:56 AM
We do have voicemails from his claiming the "truck will be ready soon" Will that help?

Maddog5150
06-01-2011, 9:57 AM
Also, will a police officer call him? just wondering if that might scare him to give me my money back.

khuck2002
06-01-2011, 10:02 AM
its grand theft even though it is not a vehicle grand theft can also be anything over $950

Roddd
06-01-2011, 10:02 AM
Grand theft auto doesn't apply here. I'm talking about 487 PC grand theft. You had $2,000 stolen from you. And to boot, your parents' honesty was taken advantage of. They wouldn't have ripped somebody off and assumed that the other party wouldn't have either.

And yes, voicemails will help. Contact LE in the jurisdiction it occurred in. They can look the number up in Arjis and see if any other hits come up. They may already have a case on the dirtbag.

lorax3
06-01-2011, 10:05 AM
We do have voicemails from his claiming the "truck will be ready soon" Will that help?

Of course. Civil Courts want to ensure they have enough evidence to determine which party is telling the truth based on the preponderance of evidence.

This is why in contract law a concept exists known as the "Statue of Frauds" which states that contracts for goods of $500 or more, or service contracts not capable of being preformed within 1 year must be in writing to be enforceable.

That being said, it does not mean you will be unsuccessful in a civil claim.
Voice messages, bank statements, personal testimony, etc are all evidence that will help the courts make judgment.

Disclaimer: I am not your attorney, but I'm sure one in your area would be willing to assist you.

Maddog5150
06-01-2011, 11:41 AM
would it be advised to try to leave a voicemail for him telling him I'm going to the police?

lorax3
06-01-2011, 12:21 PM
would it be advised to try to leave a voicemail for him telling him I'm going to the police?

Could go either way. If he's already screwed you this far I wouldn't give him a heads up. No need to give him time to prepare/destroy any evidence etc.

Gio
06-01-2011, 12:30 PM
I really hate things like this, hope it ends well.

Maltese Falcon
06-01-2011, 12:35 PM
Not to be negative, but your parents gave 2 grand in cash to a stranger with no last name, no bill of sale, no receipt and no proof that this in fact occurred. Your chances for sucessful criminal or civil action are none and none. Sorry for your misfortune.

.

gorn5150
06-01-2011, 1:17 PM
Did your parents give him your $2000 or was it their money? If it was their money (maybe even if it was yours) and they are old enough there may also be a charge of elder financial abuse here.

45DAVID1
06-01-2011, 1:24 PM
Did your parents give him your $2000 or was it their money? If it was their money (maybe even if it was yours) and they are old enough there may also be a charge of elder financial abuse here.

It was the OP's money. As far as him suing for something he didn't witness (the sale) it would be difficult to win. Right now your entire case is based on heirsay (sp). As far as recordings go... can you really use them if it was part of a conversation if he was unaware you were recording them or were they voicemails? If it was a voicemail saying "the truck will be ready soon" that could be interpreted many ways. Was he servicing one of your vehicles that needed a repair? Was he detailing a vehicle, etc... Just saying "the truck will be ready soon" doesn't prove anything except a truck will be ready soon.


No contract, no paperwork... it never happened!

fourXfour
06-01-2011, 1:33 PM
There is also 532PC, Theft by false pretenses. Get a police report and file charges. Also take him to civil.

This is all assuming you have enough info to positively ID him (name, birthday, drivers license)

Maddog5150
06-01-2011, 2:40 PM
Not to be negative, but your parents gave 2 grand in cash to a stranger with no last name, no bill of sale, no receipt and no proof that this in fact occurred. Your chances for sucessful criminal or civil action are none and none. Sorry for your misfortune.

.

It was the OP's money. As far as him suing for something he didn't witness (the sale) it would be difficult to win. Right now your entire case is based on heirsay (sp). As far as recordings go... can you really use them if it was part of a conversation if he was unaware you were recording them or were they voicemails? If it was a voicemail saying "the truck will be ready soon" that could be interpreted many ways. Was he servicing one of your vehicles that needed a repair? Was he detailing a vehicle, etc... Just saying "the truck will be ready soon" doesn't prove anything except a truck will be ready soon.


No contract, no paperwork... it never happened!

exactly what I thought. I am extremely frustrated as my dad knew better. He's been around the block and isnt a stranger to people trying to take advantage or him. My dad feels like **** that he is responsible for the loss of my money but he should of known better.
General opinion here is to file a police report. I'm having my dad do that as he did the exchange. I dont really want to waste everyones time if its just an obvious loss on my part

glennbtw
06-01-2011, 3:00 PM
Riverside county Adult Protective Service might be a resource,
1-800-491-7123
http://dpss.co.riverside.ca.us/AdultServices.aspx
http://ag.ca.gov/bmfea/pdfs/citizens_guide.pdf
They handle financial abuse of elders, especially since you mentioned the Alzheimers issue. I believe the Riverside County District Attorney also has investigators assigned to these types of cases.

I get the impression you are out of the area for a while so small claims is probably not viable, right?

tyrist
06-01-2011, 3:13 PM
A crime has possibly been committed. When it comes to business deals like this it's possibly it might just be recorded as a business dispute. You have to file the report because you are the victim not your parents.

oldsmoboat
06-01-2011, 8:32 PM
I had something kinda similar happen.
I went to the cop shop and they told me there was nothing that they could do, it was a civil matter.
He did offer to call the person and ask about the transaction. He did and that was all it took to get the money back.