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Page Hometown » Ohio
Posted: 12/8/2014 3:12:03 PM EDT
I, along with several other people on this forum have had a member not mail us for items bought from the EE. I'd like to talk to some one off line in the area and see what my legal options are. Thanks.
Link Posted: 12/8/2014 7:23:58 PM EDT
[#1]
why not go right to the source?

call or email Chris Noga, Chief of Police in Twinsburg:

City of Twinsburg Police Department

or better still, toggle their "Support Services" on the left of their website. mebbe call Lt. Jim Scarl for an informal opinion?

I've done stuff like this before, and the Police are usually very helpful. They'll let you know the "lay of the land" from their perspective and possible solutions.
Link Posted: 12/8/2014 9:30:21 PM EDT
[#2]
Have you talked to one of theEE mods?

Its a start but sometimes the man needs to be brought in
Link Posted: 12/8/2014 11:50:25 PM EDT
[#3]
There already is a thread for the four of us in that got taken by the member here. I called Twinsburg PD after I made this thread and was told "sorry, you need to call your local PD and they will investigate the issue". I am not sure if that's standard procedure or not?

I wanted to give the guy the benifit of the doubt, but sadly it's apparent he ripped us off.
Link Posted: 12/9/2014 7:50:00 AM EDT
[#4]
ok, so the Twinsburg PD want you to initiate LEO action on your end.

Me, my own personal opinion, I'd start at your end. Once criminal action is started, your local PD can attempt to "transfer" any warrants, etc. to the Twinsburg, OH PD. That's going the "criminal" route as you say he stole/misrepresented/frauded you. The reason being, is that folks usually get "religion" and their checkbook out real quick when a guy in a blue uniform, badge, and a pistol on his hip knocks on the door "investigating" or actually serving a warrant. It's just what I've seen. (some guys are really sobs and hard-boiled and try "ducking" the law or playing possum by never answering the front door as well.)

There's also the "civil" remedies available to you if the LEO won't pursue it (for a host of reasons.) To "go civil" you could file a civil complaint in the local Stow Municipal Court. Their "Small Claims Division" limits cases under $3,000, while their "General Division" limits cases to $15,000 per individual claims. (you can't aggregate or "bucket" your claims for a total.)

Stow Municipal Court

BUT--word to the wise--I've been there, done that. You have got to be like a good hunter and see that your quarry is worth tracking and scoring upon. What do I mean by this?

Some guys are professional "deadbeats." They own zero, nada, nothing. Stuff they use is placed in other's names, so "legally" they own squat. You can't get blood outta turnip like they say. A guy has to own stuff to be "collectible" since if you win at court, you can seize or grab something he owns. You can even garnish wages after you get a valid court judgment.

Other point to consider--some guys are so far down in the hole in debt--getting foreclosed upon, already getting wage garnished, IRS garnished, back child support garnished--that you can "win" a million dollar court judgment against 'em, but you'll never collect a dime because you have to "stand in line' behind all the other creditors trying to take a bite outta his hide. (OH creditor law="first in line, first in right to collect.")

"Hunter's" solution: go to BOTH the Stow Court and Summit County Court "Search Records" site and plug in the bad guy's name and or address. See if there are other cases pending against him. That's a big tip off if the guy's collectible or not.

If the guy goes and files filed for Federal Bankruptcy at any time during these legal proceedings, you are screwed and SOL.. (don't ask me how I learned THAT.) but, if he hasn't and he's "collectible," then you've got some hope.

Check out the County Property search below to see of the guy actually owns (vs. rents) the place he's at. See if he's behind on taxes (another bad sign in the "hunt.")

County Court Case Records Search Hit the upper-right button for free "Records Search," not the $$ "Records Request."

County Property Search

Small Claims cases you can handle yourself (you will have to make at least one court appearance in Stow, Ohio, for the trial. All the other stuff can be done via mail.)

Otherwise, hire a local Akron, Ohio, lawyer. Maybe you  guys can all go in and hire one and chip in the costs. Call the Akron Bar Assn. or get on their website and get "Need A Lawyer" phone # 330-253-5007.

NOTICE: none of this is legal advice or intended as such. just what this old-timer has learnt over the years. have I been gypped and screwed before, yep. have I found out that courts and legal systems can be avoided or nullified by crafty debtors who can "game" the system? yep. the "School of Hard Knocks" has taught me a lot.

So it's all up to you and how far you want to go. What's your time, energy, and wallet comfortable worth to you?

"Vengeance?" or "justice?" or "it's the principle of the thing?" Personally I leave all that stuff to the "Guy upstairs." it's outta my job class. all I want is my dough back.

If I don't figure I have a 50/50 chance of getting my money back (and that's all one really wants), then I move on. No sense in fretting, loosing sleep, and stewing over it.

Sometimes the more entangled you get in a bad deal, the worse off you yourself get. Or, to quote my dear Daddy: "Son--you lay down and sleep with dirty dogs, you're gonna wake up with their fleas."

Link Posted: 12/9/2014 2:06:59 PM EDT
[#5]
Thanks for the insight, this is all pretty new to me having never been taken. Honestly, Im out $140. That's not going to make or break me, its the principle of it. Ill follow those links and information, maybe it will produce something positive.
Link Posted: 12/9/2014 4:10:42 PM EDT
[#6]
I'm another victim, he hit me for $240, that was to be a Christmas present to a family member. It really hurts a 70 yo retiree on fixed income, I guess the Grinch did steal Christmas... I seriously doubt the LEO's will do squat about this, even with multiple victims. It ain't the 60's--70's any more, at least we will get that thief of this board.
Link Posted: 12/9/2014 4:53:54 PM EDT
[#7]
Has the thread been taken down where he is offering to sell whatever it is?  Can we get a link or a name so nobody else gets taken?
Link Posted: 12/9/2014 5:23:13 PM EDT
[#8]
The thread is still close to the top in ''negative feedback'', I am sceered to name names--- might get banned for not appreciating getting robbed for $240. You know--- victims have no rights..... He is listed against ''multiple buyers''.
Link Posted: 12/9/2014 5:50:28 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The thread is still close to the top in ''negative feedback'', I am sceered to name names--- might get banned for not appreciating getting robbed for $240. You know--- victims have no rights..... He is listed against ''multiple buyers''.
View Quote

No worries, I understand.  I found the thread, I wish you all the best of luck getting your money back.
Link Posted: 12/9/2014 10:23:32 PM EDT
[#10]
Link Posted: 12/9/2014 11:09:23 PM EDT
[#11]
I live in Simpson county,, 35 miles south of Hinds.  [ Jackson ] I did go by the Simpson County Sheriff's Office, lots of car wrecks, deputies out,  so no official statement today. However--- the dispatcher did inform me to contact the Attirney General's office about his,, sounds promising. He is on the high list to run for Gov next election and would be a likely candidate to take this up. Of course-- I will drop back by the S.O. tomorrow as well as contact the AG's office. Thanks to you guys for the interest--- and any help you can offer.
Link Posted: 12/10/2014 10:25:31 AM EDT
[#12]
You have entered into a civil contract with an individual, law enforcement can only document the issue and has no real jurisdiction per the supreme court, sorry but local law enforcement cant really help. Small claims only cost around fifty bucks to file.
Link Posted: 12/11/2014 6:07:39 AM EDT
[#13]
Thanks to you guys for the interest--- and any help you can offer.
View Quote


you're welcome, Brother!

P.S.
as per the Ohio A/G, what you've outlined is defined as "consumer fraud." Ohio makes it illegal for sellers to misrepresent the nature of their business, products or services, the price of their goods or the terms of a transaction.

If you file a Small Claims complaint in Ohio, recite the Consumer Fraud lingo, and prove your case in court, the court MAY award a minimum of $200 OR 300% of your actual damages per incident, plus a reasonable attorney's fee you've paid if you hire an attorney.

the consumer may rescind the transaction or recover, but not in a class action, three times the amount of the consumer's actual economic damages or two hundred dollars, whichever is greater, 1345.09 B
View Quote


Ohio Code 1345

does your state have any such "enhanced" penalties you might use in a Small Claims case in your own backyard?

<again, my prior Caveat apples>
Link Posted: 12/13/2014 11:42:31 PM EDT
[#14]
You need to start on your end. Go into your local PD to and ask to speak to an officer. Tell said officer the details of the situation.
Link Posted: 12/14/2014 12:52:14 AM EDT
[#15]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
you're welcome, Brother!



P.S.

as per the Ohio A/G, what you've outlined is defined as "consumer fraud." Ohio makes it illegal for sellers to misrepresent the nature of their business, products or services, the price of their goods or the terms of a transaction.



If you file a Small Claims complaint in Ohio, recite the Consumer Fraud lingo, and prove your case in court, the court MAY award a minimum of $200 OR 300% of your actual damages per incident, plus a reasonable attorney's fee you've paid if you hire an attorney.
Ohio Code 1345



does your state have any such "enhanced" penalties you might use in a Small Claims case in your own backyard?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Thanks to you guys for the interest--- and any help you can offer.




you're welcome, Brother!



P.S.

as per the Ohio A/G, what you've outlined is defined as "consumer fraud." Ohio makes it illegal for sellers to misrepresent the nature of their business, products or services, the price of their goods or the terms of a transaction.



If you file a Small Claims complaint in Ohio, recite the Consumer Fraud lingo, and prove your case in court, the court MAY award a minimum of $200 OR 300% of your actual damages per incident, plus a reasonable attorney's fee you've paid if you hire an attorney.




the consumer may rescind the transaction or recover, but not in a class action, three times the amount of the consumer's actual economic damages or two hundred dollars, whichever is greater, 1345.09 B




Ohio Code 1345



does your state have any such "enhanced" penalties you might use in a Small Claims case in your own backyard?

I doubt it.  The Consumer Sales Practices Act only applies against suppliers, i.e., commercial sellers.  Your seller probably is just an individual.



<again, my prior Caveat apples>




 
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