ce24
Poster Extraordinaire
Say, for the sake of argument... Of you sent an amp across state lines and the repairman refuses to communicate... Is there a legal recourse? If so how or what?
Any legal options
- Thread starter ce24
- Start date
Engine Swap
Friend of Leo's
Have you ruled out “circumstances” such as medical/family/vacation? Is the repair overdue?
I would recomend a letter sent via certified mail from an attorney. I would ask that the item be returned within 10 days of reciept. The amp unless it is rare or in some way unique is not going to be worth a civil suit unless you just want to prove a point. You could file a police report, not sure what the cash value of felonious theft in said state is, as this varies.
ce24
Poster Extraordinaire
Been over two years...probably run out statute of limitations
Wha?! I will never complain about our local guys again.
The certified letter from an attorney is a good start. Plus find all the info, paperwork, photos of the amp that proves it is yours. Contact the Marshall or Sherriff in the town where the amp is supposedly and start by seeing if the shop is still there, whether the person died and so on. The internet is powerful. Start asking questions. Good luck.
andy__d
Tele-Meister
Surely, if it’s an amp theft, it’d have to be the Marshall you report it to?
When the last time you actually talked to him? Do you have any kind of paper work from him, receipt, work order maybe email chain? without any thing like that it's not looking.
In some states area law enforcement officials can be called Sherriff or Marshall. I am not implying US Marshall as I believe they don't cover that type of crime. But I would start snooping around with the police of any kind. Just in case the person holding the amp has any public deficiencies. If they are deceased that should be easy enough to find out if you know their name and approximate age. These days address, phone numbers, relatives should all be easy to find online.
PCollen
Friend of Leo's
Is this a hypothetical circumstance..just for the sake of discussion ?
FSRCustomTeleHHGT
Tele-Meister
I think he meant...
I think he’s just playing on the word “marshall”—Marshall amps.
Boreas
Poster Extraordinaire
First is to determine if it was ever delivered. Any proof of shipping? Delivery? Receipt? Going to need to have your ducks in a row, or pay a lawyer to do it.Been over two years...probably run out statute of limitations
Frankly, I suspect a bankruptcy, divorce, or health (death?) situation - assuming it was ever delivered.
Old Verle Miller
Tele-Meister
I'm not an attorney just an old guy with a long history of doing business.
1) Do you have documentary evidence that could be used to determine:
(a) That it is your property, i.e., a purchase receipt (or a sworn affidavit from you explaining how you came to own it and the amount you claim you paid for it and what it is currently worth - as in comparable units' fair market value).
(b) How did you become aware of his service offering? (Do you have a copy of an on-line ad or were you referred to him and by whom? Did he make any statements as to his qualifications or prior work?)
(c) When and what he agreed to do and for how much ($ estimate from him would help).
(d) That you shipped it to him (and even better, shipper evidence that he did receive it).
Sad to say, unless you have all of that, there is no evidence that you've experienced a loss.
2) If you have that, start with his State Attorney General's "Consumer" complaint department. You can find them online. They deal with companies in their state that commit fraud. They will most likely have an on-line application process and if you have all the relevant information above and his contact information they may open a case, get back to you regarding your options and/or may actually attempt to contact him.
If he doesn't respond to them you really can't expect to ever hear from him. It's a tax personal property write-off, again, if you have the documentation.
Which raises the classic question - do you have homeowner's/renters insurance and what's the deductible?
Good luck!
Edited to add: In some states, there is no statute of limitations on fraud.
1) Do you have documentary evidence that could be used to determine:
(a) That it is your property, i.e., a purchase receipt (or a sworn affidavit from you explaining how you came to own it and the amount you claim you paid for it and what it is currently worth - as in comparable units' fair market value).
(b) How did you become aware of his service offering? (Do you have a copy of an on-line ad or were you referred to him and by whom? Did he make any statements as to his qualifications or prior work?)
(c) When and what he agreed to do and for how much ($ estimate from him would help).
(d) That you shipped it to him (and even better, shipper evidence that he did receive it).
Sad to say, unless you have all of that, there is no evidence that you've experienced a loss.
2) If you have that, start with his State Attorney General's "Consumer" complaint department. You can find them online. They deal with companies in their state that commit fraud. They will most likely have an on-line application process and if you have all the relevant information above and his contact information they may open a case, get back to you regarding your options and/or may actually attempt to contact him.
If he doesn't respond to them you really can't expect to ever hear from him. It's a tax personal property write-off, again, if you have the documentation.
Which raises the classic question - do you have homeowner's/renters insurance and what's the deductible?
Good luck!
Edited to add: In some states, there is no statute of limitations on fraud.
ce24
Poster Extraordinaire
Thanks for all the replies….they are very helpful. It is not hypothetical….sorry if it was misleading. I have all provenance and email thread,pics etc…. This all took place here on tdpri. I wont mention names….so i just need to decide if i want to go there…
Had something like that happen to me. Put an amp and two guitars on consignment at a well known shop before I moved out of the country. Shop owner immediately sold them and pocketed the money. After months of phone calls, he emptied his bank account and sent me a rubber check.
Got a letter months later that the shop owner declared bankruptcy. I was around 120th on the list of creditors.
Then months later got a follow up letter from his attorney. The attorney was now also suing the shop owner, for fraud and non-payment.
Sorry this happened to you.
Got a letter months later that the shop owner declared bankruptcy. I was around 120th on the list of creditors.
Then months later got a follow up letter from his attorney. The attorney was now also suing the shop owner, for fraud and non-payment.
Sorry this happened to you.
Doh!
But I thought accruing massive debts and then bailing on all your creditors by declaring bankruptcy, then doing the same thing over and over with different LLCs was "us[ing] brilliantly, the laws of the country." Isn't that business acumen that should be commended?
televillian
Tele-Afflicted
you`re screwed as we say in middle school
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