Ripped off in Miami

[suum cuique]

Originally Posted by alvin

I met a situation last year. I was an online seller and a buyer tried hard to cheat me. Here is the story:
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WHOW! Im sorry to read this, but this scam is a classic!
I would bet this guy is in Nigeria. Nowadays alot of scams comes by email especially from Nigeria. Be alerted !

[RichSr]

Is there a good reason why you are commenting on old threads? This one is from almost 2 years ago.

[suum cuique]

because it is an very interesting forum and I read alot of the old threads. Something like this just happend to me 2 or 3 months ago when some scumbag tried a scam on me. This scam came form Lagos/Nigeria.

[alvin]

Thanks for comments. Fortunately, I did not lose money this way. Since then, I am very tolerant on seller saying "this bank check needs 10 days to clear before I can send anything out"..... fully understandable, take your time. Some sellers were very kind sending the item(s) out immediately even if the payment was a personal check. That's nice, but .... I know I am a good guy, but how do you know that.... too risky.

[GerColctor]

Rich Sr

What is the point of your question to suum cuique?

I am also the victim of an internet rip off a few years ago. Sent my MO to a fellow in Australia and he claims he sent me the item, never arrived in the US. My loss.

Joe

[RichSr]

Joe
I am sorry you were victimized. I asked that question after having waided through a half dozen updates that summ cuique evidently felt compelled to resurrect by adding his thoughts on the subject. Old threads are a great source for information and I am whole heartedly behind consulting them.
However, commenting on them ( which brings them up on the "new posts" list) seems unnecessary and perhaps a bit vain. Just my opinion. Call me a grumpy old man if you must.

[Edward Tinker]

I understanding both points of view, but as moderator, I kinda agree with grumpy ole Rich, old threads are great to read, but sometimes not always be brought up again.

this thread, well, its a sticky, so kinda almost begs to be brought up.


Ed

[lugerholsterrepair]

Andy is a new Member and is reading old posts. New Members do that. This post and many other old posts are as relavant to new members as they once were for us when they were originally posted..albiet many moons ago.
I visit this Forum and several others everyday and pretty much keep up but when an old post strikes a key in new Members... we should be happy they are here and interested. They are just trying to be active and participate.
In fact...during some times of the year the Forums can be boring with no new exciting posts. At least somethings being discussed.
Yup..Yer a grumpy old man.

Jerry Burney

[Edward Tinker]

Originally Posted by lugerholsterrepair

...
Yup..Yer a grumpy old man.

Jerry Burney

that makes THREE of us?

[alanint]

Now here I go with a comment;

While I agree that older posts are a great source of information, I do feel that anybody, old member or new, who dredges them up with a comment such as "I'm sorry to hear this" or "this happened to me once", which adds nothing to the thread or the general knowledge of the board is a waste of time, bandwith and as Rich pointed out, a little bit vain.

[Vlim]

I totally agree

(sorry, couldn't resist)

[GerColctor]

Rich Sr

Now I understand your question.

Joe

[suum cuique]

Thanx for your warm welcome, anyway

[Aaron]

As the originator of this old thread, it kind of opened an old wound and I felt ripped off all over again.

[rivieraranch]

Originally Posted by azlaw

This all presents an interesting general issue which is: how can Internet buyers and sellers of little stuff (like Lugers) get justice when things go wrong? The answer is that our courts are poorly equipped to handle these cases, but there is progress here and there.

A victim could simply sue the offender in the victim's local JP court, or equivalent. There are issues, of course. Service is an issue, to be sure, but not insurmountable, interstate service of process is do-able. Successful service alone may do the trick - most coherent adults will move to take care of things once a lawsuit is actually served.

Jurisdiction comes next, and the subject of so-called "long arm" jurisdiction as to internet sales is a swiftly moving stream, however courts do seem to be warming to the idea that a person who knowingly sells to another in another state can reasonably expect to be haled into court in that state. Some recent opinions seem to be lowering the bar to interstate suits over Internet transactions. The picture is best described as "muddy".

But if you actually did get a judgment against a bad guy, then he is the one who has to deal with the mud - and you could possibly collect in the the bad guy's state before he can do so. Again, a small flock of civil procedure issues, but not insurmountable, and the judgment debtor could be made to pay for the surmounting.

Many JP courts these days make it easy to file a lawsuit yourself, and have forms and checklists to guide you. The wave of the future for Internet justice? Hard to say. But might be worth a try in some situations.

H

The above is not legal advice but, rather, speculative ramblings on abstract legal theory. Consult a licensed attorney in your state if you want actual legal advice on a real case.

The amount in controversy limits the cause of action to small claims (summary process) court. However, the civil theft statute, section 772, Florida Statutes, authorizes an award of attorney's fees in addition to the amount at issue. This makes it worthwhile for the plaintiff to hire counsel instead of mulling through the small claims process on his own. Plus, a plaintiff cannot get attorney's fees for representing himself. The fee aspect of this claim could be several times what the amount recovered is.

[bristol boy]

I'd get the FBI in, that is interstate fraud. I once had a fake Certified Check for a load of freight I hauled from NY to Michigan. My bank called the local FBI office and I had my money in 48 hours. I'd also call ATF and tell them he is attempting to sell guns with no license. Good Luck.