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Posted: 5/29/2018 9:32:54 PM EDT
[#1]
Is the money above or below the threshold to file a small claim in his local jurisdiction?
If it is under, file it yourself and see what you can get. If it's over, consult with a lawyer on the cost/benefit. I'm going to guess local law will state it's a "civil issue" unless you can prove he took the money with no intention of delivering the goods. |
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Posted: 5/29/2018 10:26:41 PM EDT
[#2]
Quote HistoryQuoted:
Is the money above or below the threshold to file a small claim in his local jurisdiction? If it is under, file it yourself and see what you can get. If it's over, consult with a lawyer on the cost/benefit. I'm going to guess local law will state it's a "civil issue" unless you can prove he took the money with no intention of delivering the goods. |
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Posted: 5/29/2018 10:35:03 PM EDT
[#3]
Quote HistoryQuoted:
Above the threshold, he sold the same MGs within the month to two seperate SOTs. Quote HistoryQuoted:
Quoted:
Is the money above or below the threshold to file a small claim in his local jurisdiction? If it is under, file it yourself and see what you can get. If it's over, consult with a lawyer on the cost/benefit. I'm going to guess local law will state it's a "civil issue" unless you can prove he took the money with no intention of delivering the goods. If you "do the work" they are much more likely to not pull the "It's a civil issue" card. If they still refuse I'd say your only solution is to do a cost benefit of a lawsuit. Also, I'd check to make sure he hasn't filed for bankruptcy since the date the bill of sale was signed. If he has, you need to get yourself listed. |
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Posted: 5/29/2018 11:06:17 PM EDT
[#4]
Quote HistoryQuoted: Above the threshold, he sold the same MGs within the month to two seperate SOTs. |
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Posted: 5/30/2018 8:45:06 AM EDT
[#5]
Quoted:
Purchased two post sample MGs back in December. Saw them in person and met the seller. Paid the guy cash and received a Bill of Sale. Two months later I found out the two serial numbers on the bill of sale were sold and transfered to two separate SOTs. All took place in Texas. ATF can't help as he never provided a Form 3. I ran a background check and he's super sketchy. Long list of apparent cons. How do I go forward in collecting the cash? Collection Lawyer? Is it possible to go forward? If necessary feel free to DM me Thanks I'm assuming the seller was another FFL/SOT? Civil court awaits, ATF won't get involved b/c it's a contract dispute. |
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Posted: 5/30/2018 9:11:34 AM EDT
[#6]
Quote HistoryQuoted:
I'm assuming the seller was another FFL/SOT? Civil court awaits, ATF won't get involved b/c it's a contract dispute. Quote HistoryQuoted:
Quoted:
Purchased two post sample MGs back in December. Saw them in person and met the seller. Paid the guy cash and received a Bill of Sale. Two months later I found out the two serial numbers on the bill of sale were sold and transfered to two separate SOTs. All took place in Texas. ATF can't help as he never provided a Form 3. I ran a background check and he's super sketchy. Long list of apparent cons. How do I go forward in collecting the cash? Collection Lawyer? Is it possible to go forward? If necessary feel free to DM me Thanks Civil court awaits, ATF won't get involved b/c it's a contract dispute. |
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Posted: 5/30/2018 9:38:20 AM EDT
[#7]
Quote HistoryQuoted:
I'm assuming the seller was another FFL/SOT? Civil court awaits, ATF won't get involved b/c it's a contract dispute. Quote HistoryQuoted:
Quoted:
Purchased two post sample MGs back in December. Saw them in person and met the seller. Paid the guy cash and received a Bill of Sale. Two months later I found out the two serial numbers on the bill of sale were sold and transfered to two separate SOTs. All took place in Texas. ATF can't help as he never provided a Form 3. I ran a background check and he's super sketchy. Long list of apparent cons. How do I go forward in collecting the cash? Collection Lawyer? Is it possible to go forward? If necessary feel free to DM me Thanks Civil court awaits, ATF won't get involved b/c it's a contract dispute. By "selling" the same firearms to multiple people he's engaging in criminal activity. ATF doesn't investigate theft by deception, but Texas LE sure does. PLEASE NAME THE DEALER It would be a shame to let him continue his swindle. |
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Posted: 5/30/2018 9:55:32 AM EDT
[#8]
Quote HistoryQuoted:
If he can show that the seller took the funds without intention to deliver then it's criminal. That's damned hard to prove though if the seller says "Oh my mistake, sorry" and refunds the OP's money. Seller should definitely be outed though so we know not to do business with him. |
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Posted: 5/30/2018 12:23:11 PM EDT
[#9]
Quote HistoryQuoted:
That's damned hard to prove though if the seller says "Oh my mistake, sorry" and refunds the OP's money. Seller should definitely be outed though so we know not to do business with him. Quote HistoryQuoted:
Quoted:
If he can show that the seller took the funds without intention to deliver then it's criminal. Seller should definitely be outed though so we know not to do business with him. |
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Posted: 5/30/2018 1:24:22 PM EDT
[#10]
Ok, so was he running as a sole proprietor or as an LLC/Corp? If an LLC/Corp, is it still active if you check with the TX Secretary of State?
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Posted: 5/30/2018 2:01:20 PM EDT
[#11]
Quote HistoryQuoted:
Is the money above or below the threshold to file a small claim in his local jurisdiction? If it is under, file it yourself and see what you can get. If it's over, consult with a lawyer on the cost/benefit. I'm going to guess local law will state it's a "civil issue" unless you can prove he took the money with no intention of delivering the goods. Small claims or civil just gets you an award that YOU must then try and collect on through ... more court actions. You find assets and then 'attach' them. |
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Posted: 5/30/2018 2:52:29 PM EDT
[#12]
That's criminal all day long.....
problem is getting police off their ass to care. Got straight scammed last year renting a beach house. wire transfer straight to their account.......had the rental ad, communications, and bank records. Out a few Gs n police and sheriff played hot potato like it was internet crime. Both parties local as was bank. In the end pos "investigator" wouldn't even take or return my calls much less do anything. |
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Posted: 5/30/2018 4:28:38 PM EDT
[#13]
Quote HistoryQuoted:
That's criminal all day long..... problem is getting police off their ass to care. Got straight scammed last year renting a beach house. wire transfer straight to their account.......had the rental ad, communications, and bank records. Out a few Gs n police and sheriff played hot potato like it was internet crime. Both parties local as was bank. In the end pos "investigator" wouldn't even take or return my calls much less do anything. They may 'request' the popo to gather information for them. How many $ (about)? |
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Posted: 5/31/2018 8:28:45 AM EDT
[#14]
Quote HistoryQuoted: You can try going direct to the DA's office and making the problem 'known.' They may 'request' the popo to gather information for them. How many $ (about)? I figured with that kind of money being ripped off police might actually do SOMETHING. yeah nope I cuould prove the crime complete with all communications and give the persons name and bank account Makes me think that I'm in the wrong business.... at 8k a day I could work like ten days a year n be fine. |
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Posted: 5/31/2018 12:32:10 PM EDT
[#15]
Quote HistoryQuoted:
I was out 2k deposit & wife got the bank teller to admit the person had gotten at least 3 other wire transfers in on the same day. I figured with that kind of money being ripped off police might actually do SOMETHING. yeah nope I cuould prove the crime complete with all communications and give the persons name and bank account Makes me think that I'm in the wrong business.... at 8k a day I could work like ten days a year n be fine. Quote HistoryQuoted:
Quoted: You can try going direct to the DA's office and making the problem 'known.' They may 'request' the popo to gather information for them. How many $ (about)? I figured with that kind of money being ripped off police might actually do SOMETHING. yeah nope I cuould prove the crime complete with all communications and give the persons name and bank account Makes me think that I'm in the wrong business.... at 8k a day I could work like ten days a year n be fine. You might be able to even file one or swear one out. It will often push a DA to take action and they can push the police. |
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Posted: 5/31/2018 5:12:15 PM EDT
[#16]
NAME THE DEALER
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Posted: 5/31/2018 6:31:05 PM EDT
[#17]
Quote HistoryQuoted:
NAME THE DEALER He took OP's $$$$$ in December. OP discovered he took other dealers $$$$ two months later. OP should have been up the sellers butt in January for not filing a prompt Form 3. OP should have been beating down the front door of the DA/police in February. |
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Posted: 5/31/2018 7:36:54 PM EDT
[#18]
Quote HistoryQuoted:
OP should have been up the sellers butt in January for not filing a prompt Form 3. |
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Posted: 5/31/2018 9:34:58 PM EDT
[#19]
Quote HistoryQuoted:
This, eForm3's are getting processed in weeks not months. 
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Posted: 8/3/2018 11:15:30 AM EDT
[#20]
Hopefully, you've sorted this out by now, but I notice you haven't disclosed the dealer so that others here at Arfcom avoid him. Crooks often close one location and open another to keep stealing. Loss of a license doesn't keep crooks from being crooks.
OP, if you name the dealer so the people you asked for help can avoid him, I'll correct the apparent legal misunderstanding above. |
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Posted: 9/26/2018 6:53:13 PM EDT
[#21]
Theodore "Ted" Henderson
NYTEX Firearms @DogtownTom @RenegadeX @SideCarGT |
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Posted: 9/26/2018 7:20:40 PM EDT
[#22]
His FB is still active....
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