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  1. #21

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    What did you use to pay? Credit cards are your friend for something like this. "Service not rendered" will get the money back to your account. Eventually will prevent this seller from charging Credit cards, too.

  2. #22
    fotch's Avatar
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    Quote Originally Posted by tkamiya View Post
    Thing about small claims court.... at least in my jurisdiction.

    Unlike all other courts, small claims court does not help collect the judgment. It is up to the claimant to collect it. A company or an individual may have a judgment against them but they can refuse to pay/settle as long as they want. All plaintiff can do is to put lien against them and wait until the company runs into a situation where clearing that lien is necessary. (which may not happen for long time, and when it does happen, they may not have the money to pay for it.)

    For example.... I can sue my next door neighbor and let's say I win the case. If he doesn't want to pay me, I can put a lien against his property. That will prevent him to sell his house or a car and it will show in his credit. If he doesn't sell or doesn't need a loan, he can just NOT pay. In the mean time, it is my responsibility to keep renewing lien every few years - which cost time and money.

    I am not a lawyer but I had a pleasure of taking a company to small claims court. This is from my experience.
    In Illinois, since its a business, you can subpoena them back into courts with their bank records and info. The judge can and should issue a judgment served on their bank and bank accounts, and all the additional fees. The bank is court ordered to pay or they become liable.
    Items for sale or trade at www.Camera35.com

  3. #23

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    Thank you for sharing your story with us, because it prevents future episodes. I have actually seen the AK state AG after someone... It ain't pretty. Those boys have a lot of power. I'd try contacting them again; once they get turned on to something big, it's pretty much over for the other party.

    Jed

  4. #24

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    Shutterella, their address is on their website. I did a mapquest search for them, and it looks like they're based in someone's house. The streets kinda look like a neighborhood to me. http://www.mapquest.com/maps?city=Hu...eocode=ADDRESS

    If you live in the area, perhaps you could stop in for a nice little chat?
    "I have captured the light and arrested its flight! The sun itself shall draw my pictures!"

    -Louis Daguerre, 1839-

  5. #25
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    This link is very interesting:

    http://sciencelab-msds.com/

    As to enforceability of judgments, each jurisdiction will have its own rules and procedures, but I expect that generally any enforcement actions will be similar to where I live - it will need to be initiated (and paid for) by the party trying to enforce the judgment. I doubt that there are many government departments out there that will automatically do the work, for free.

    That being said, most jurisdictions will have procedures that will aid the party seeking enforcements (subpeona to debtor, court ordered sales, garnishee procedures, registration of charges against title, etc.), but the procedure to make use of those tools will require effort and time and money.

    I think that there are some governments out there that cancel business licences and take other steps to stop a business from continuing when they have judgments against them, but that is no guarantee that any such judgment will get paid.

    I would hazard a guess that the majority of judgments are never fully paid. If the judgment debtor doesn't have assets you can attach, it is most likely what is known as a "dry" judgment, and isn't worth anything.

    With respect to limited liability corporations and partnerships, you need to remember as well that it is the corporation or partnership that owes the money, not the individuals that are associated with it. In order to collect against those individuals, you have to have a judgment against them personally.

    In my jurisdiction, the Small Claims court is prohibited from hearing fraud claims - you have to go to the superior courts.
    Matt

    “Photography is a complex and fluid medium, and its many factors are not applied in simple sequence. Rather, the process may be likened to the art of the juggler in keeping many balls in the air at one time!”

    Ansel Adams, from the introduction to The Negative - The New Ansel Adams Photography Series / Book 2

  6. #26
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    Quote Originally Posted by Existing Light View Post
    Shutterella, their address is on their website. I did a mapquest search for them, and it looks like they're based in someone's house. The streets kinda look like a neighborhood to me. http://www.mapquest.com/maps?city=Hu...eocode=ADDRESS

    If you live in the area, perhaps you could stop in for a nice little chat?
    The mapquest address is not accurate, Google's is! It's a little industrial-looking building I believe.

  7. #27
    Shutterella's Avatar
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    Quote Originally Posted by dnk512 View Post
    What did you use to pay? Credit cards are your friend for something like this. "Service not rendered" will get the money back to your account. Eventually will prevent this seller from charging Credit cards, too.
    They don't - not past the charge back period. sciencelab.com calculatingly jerks you around until that period is expired. Then they got AWOL on you.

  8. #28

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    Do you have some friends that look like ruffians & thugs? Ruffier & thuggier than their ruffians & thugs? Ask them to pay them a visit.
    You might try a collection agency but they get 50% & usually only make phone calls. You need someone that will go over there & thump'em on the head.
    Heavily sedated for your protection.

  9. #29
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    Quote Originally Posted by John Koehrer View Post
    Do you have some friends that look like ruffians & thugs? Ruffier & thuggier than their ruffians & thugs? Ask them to pay them a visit.
    You might try a collection agency but they get 50% & usually only make phone calls. You need someone that will go over there & thump'em on the head.
    Geez man, I know what you're saying, but advocating violence is not very wise. Someone could get seriously hurt, and not just the fraudsters. You are advocating a criminal act. Just soliciting it is a criminal act. I don't think it's worth it.
    If someone innocent got hurt, you might feel really bad.

    I do understand the emotion behind it.

  10. #30
    fotch's Avatar
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    Yes, you let your guard down and run into a crook, not a good thing. When they don't deliver the order within two weeks, best to ask for refund. If they don't respond with refund in 24 hours, write a letter and snail mail to your credit card company and demand a refund. Phone calls, email, not good enough. Maybe fax. You have to call the credit card company and ask if a fax is good enough.

    Writing to the local DA of where the company is located might help. Also the State's Attorney General. PITA, but make enough smoke and maybe light a fire under the fraudsters.
    Items for sale or trade at www.Camera35.com

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