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  • #16
    pacrat
    I need a LIFE!!
    • May 2014
    • 10284

    I got pretty much all of his information, and I wanted to sue him as a small claim but as I mentioned, the court will dismiss my case if I don't have the exact location of the person I want to sue
    The Court requires "Proof of Service" for the plaintiff. Before they will hear the case. And even if you find and serve him in Az. He will likely just laugh.

    If he has been served and ignores it, and fails to appear. What are the consequences to him? You automatically win. But what do you win?

    What you win is a piece of paper from the court. With no viable means of enforcing it against the resident of another state.

    I'm truly sorry you got screwed. But you got screwed. Seller is obviously a POS with no self respect or integrity. But he is also a POS with no self respect or integrity that has your money and there is nothing you can
    legally do about it.

    Don't ever be naive enough to think there is any Justice in the courts.

    Comment

    • #17
      iArmy
      Senior Member
      • Feb 2016
      • 1023

      Originally posted by pacrat
      The Court requires "Proof of Service" for the plaintiff. Before they will hear the case. And even if you find and serve him in Az. He will likely just laugh.

      If he has been served and ignores it, and fails to appear. What are the consequences to him? You automatically win. But what do you win?

      What you win is a piece of paper from the court. With no viable means of enforcing it against the resident of another state.

      I'm truly sorry you got screwed. But you got screwed. Seller is obviously a POS with no self respect or integrity. But he is also a POS with no self respect or integrity that has your money and there is nothing you can
      legally do about it.

      Don't ever be naive enough to think there is any Justice in the courts.
      That sucks
      Thanks, Benji

      Comment

      • #18
        Skip_Dog
        Veteran Member
        • Apr 2017
        • 2656

        I see a JUDGE JUDY case coming soon. Contact her people.

        Comment

        • #19
          mike415stone
          Senior Member
          • Jul 2014
          • 1203

          Dude looks like Curly form the 3 stooges.

          Not much you can do from a distance except waste a lot of time and effort. You can trash him on Facebook, send written fraud complaint to his local PD and demand some sort of case number and keep writing the letters until you get one. If he is working for somebody start sending messages to his workplace. Does he have some sort of state license? File a fraud complaint.

          Stink up his life and make him want pay you make and hope you just go away.

          Only things I can think of
          ______________________________

          In this life you either push or get shoved.

          Better to die on your feet then live on your knees.

          For evil to succeed, all it takes is for good men to do nothing.

          Comment

          • #20
            Win231
            Senior Member
            • Sep 2015
            • 2099

            ROFLMAO!! "sue this fuker"

            Comment

            • #21
              cvigue
              Senior Member
              • Jan 2015
              • 1525

              Over $400?

              I'd call it an IQ level up and be thankful it wasn't more.

              Comment

              • #22
                Two Nuggets
                Senior Member
                • Dec 2016
                • 1054

                I agree with the others. Chalk it up as a hard lesson learned. Karma will hopefully strike down on him hard.

                Comment

                • #23
                  audiophil2
                  Senior Member
                  CGN Contributor - Lifetime
                  • Jan 2007
                  • 8736

                  I have collectors that would take care of this for you in a day or 2 but they charge a lot more than the $400 you are out.
                  sigpic


                  Private 10 acre range rentals
                  [/URL]

                  Comment

                  • #24
                    iArmy
                    Senior Member
                    • Feb 2016
                    • 1023

                    Originally posted by mike415stone
                    Dude looks like Curly form the 3 stooges.

                    Not much you can do from a distance except waste a lot of time and effort. You can trash him on Facebook, send written fraud complaint to his local PD and demand some sort of case number and keep writing the letters until you get one. If he is working for somebody start sending messages to his workplace. Does he have some sort of state license? File a fraud complaint.

                    Stink up his life and make him want pay you make and hope you just go away.

                    Only things I can think of
                    Thanks
                    Thanks, Benji

                    Comment

                    • #25
                      Rivers
                      Senior Member
                      • Feb 2007
                      • 1630

                      Originally posted by pacrat
                      The Court requires "Proof of Service" for the plaintiff. Before they will hear the case. And even if you find and serve him in Az. He will likely just laugh.

                      If he has been served and ignores it, and fails to appear. What are the consequences to him? You automatically win. But what do you win?

                      What you win is a piece of paper from the court. With no viable means of enforcing it against the resident of another state.

                      I'm truly sorry you got screwed. But you got screwed. Seller is obviously a POS with no self respect or integrity. But he is also a POS with no self respect or integrity that has your money and there is nothing you can
                      legally do about it.

                      Don't ever be naive enough to think there is any Justice in the courts.
                      Having been down that road (years ago, and rules may have changed since then), you can win. Out of state does complicate it but you can still at least mess with him.

                      First, you must send him a specific demand letter, wait a period of time, and then serve the court papers showing the date and place the trial is set.

                      You go to court ready to prove your case. He will likely blow it off. You should win by default so make sure you itemize all of your legitimate expenses and damages. The judge will set the amount of the award which you should then get recorded with the courts and possibly the local Marshall's office. If the guy has ANY assets in CA, you must identify them including bank account numbers, automobile make/model/license with locations likely to find the vehicle. Also any real estate, etc. Really, ANYTHING within the state that he can call an asset.

                      If he is not within CA, you either need to go to the state he's in or retain an attorney in that state. Then you take the CA judgment to that state and follow that state's process to have the CA judgment enforced in that state. You may get nothing out of it and an attorney gets it all but at least the scumbag seller had to pay someone.

                      Basic rules: do not give him any notice of what you're doing. Stay under the radar until you're ready to pounce, so to speak. Do NOT try to negotiate with him. If he wanted to be honest with you, things would never degraded like they have. Assume he's a liar and thief. Now treat him consistent with how he's acted. Follow the court's rules to the letter and make sure that you document whatever you claim.
                      NRA Certified Instructor: Basic Pistol Shooting

                      Comment

                      • #26
                        baih777
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Jul 2011
                        • 5680

                        sent you a PM.

                        pursue internet fraud across state lines. its a felony.
                        if they do catch him, and he posts bail. when it comes to trial, if he does not show up, then they will issue a arrest warrant. then you will have to wait till he gets caught again.
                        Been gone too long. It's been 15 to 20 years since i had to shelf my guns. Those early years sucked.
                        I really miss the good old Pomona Gun Shows.
                        I'm Back.

                        Comment

                        • #27
                          calif 15-22
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Jan 2012
                          • 5924

                          Originally posted by Two Nuggets
                          Looks like it was from this thread?



                          Sucks you got played OP. Hope you get some recourse.
                          If nothing else can the Mods delete his account just to make sure no one else gets scammed?

                          User Name: ITZROGUECHAOS

                          OP sorry for you loss and good luck.
                          Originally posted by Citadelgrad87
                          It's one thing to question everything . . . It's entirely another thing to reject simple, rational explanations in favor of ever more fantastic and far reaching explanations because you've decided the government cannot be trusted.
                          Originally posted by Hoooper
                          Anyone who says the American dream requires a specific pay range doesn't understand the meaning of the American dream
                          sigpic

                          Comment

                          • #28
                            LowThudd
                            Veteran Member
                            • Dec 2011
                            • 3608

                            Originally posted by baih777
                            sent you a PM.

                            pursue internet fraud across state lines. its a felony.
                            if they do catch him, and he posts bail. when it comes to trial, if he does not show up, then they will issue a arrest warrant. then you will have to wait till he gets caught again.
                            Couldn't this fall under RICO civil law? If not Federally, than either CA or AZ state RICO law.

                            RICO is a federal crime designed to prosecute organized, illegal racketeering activities.


                            Racketeering laws allow state prosecutors to bring all of an organization’s different criminal acts together in one single prosecution.


                            If you could get a RICO case going, you "may" be able to get you're money back, but it would certainly screw him up. Asset forfeiture of vehicle used, the firearm in question etc.

                            Comment

                            • #29
                              DDM4556
                              CGN/CGSSA Contributor
                              CGN Contributor
                              • Jun 2014
                              • 2601

                              Sorry for the loss OP. But perhaps this should be a reminder to anyone considering providing a deposit on a gun, sight unseen. DON'T give your money to someone with ZERO feedback and 2 total posts.

                              I'm sorry you got burned by this POS, but I'm sure you knew the risk going in.
                              iTrader: 52 transactions, 100% positive.

                              Comment

                              • #30
                                pacrat
                                I need a LIFE!!
                                • May 2014
                                • 10284

                                Originally posted by baih777
                                sent you a PM.

                                pursue internet fraud across state lines. its a felony.
                                if they do catch him, and he posts bail. when it comes to trial, if he does not show up, then they will issue a arrest warrant. then you will have to wait till he gets caught again.
                                Would not qualify as internet fraud across state lines. Only internet connection was original advertisement. Both parties were in Ca, Deposit was given in Ca. In face to face meeting.

                                Seller leaving the state after the fact. Makes it more difficult for the stiffed buyer. But does not contribute to the Civil Fraud nature of the transaction.

                                Comment

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