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#21
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Maybe our resident attorney Robert, may offer a free opinion. No opinions, just some observations: 1. It won't hurt to contact the USPS mail fraud unit and file a complaint, it may not go anywhere, but it might. You might also try sending a letter with copies of e-mails and the cancelled check to the seller's local DA and the Better Business Bureau there. 2. In California, the small claims statutes provide for service by certified mail on out-of-state residents. Perhaps your state has a similar law. If so, then it should be relatively easy to get a small claims judgment against the "seller." 3. It is possible to obtain a "sister state judgment" of your small claims judgment in the seller's home state. All that is usually required are a couple of pre-printed forms. Then you can send the marshal in the seller's home town to his business to tap the till for the money. All the costs/fees for doing this are added to the judgment. 4. As I understand the situation, seller advertises header for sale, buyer responds and sends check after exchange of email, seller cashes check but doesn't ship headers, seller makes multiple promises to ship header but header never arrives, buyer makes multiple complaints, seller stops answering phone. It appears that seller either had no intention to perform at beginning of transaction or sometime after check cashed, which would constitute fraud. 5. A common term for the seller's misconduct is "wire fraud" and includes telephone, fax, email and the USPS. 6. Soliciting other jeepers to write letters to the seller demanding that he refund the $175 or ship the headers might be a powerful tool. What's his name and address again? Robert Bills KG6LMV Orange County CA http://www.outdoorwire.com/4x4/jeep/...p-l/billsr.htm http://www.RobertBills.com |
#22
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If Al is smart, he has copies of the original post advertising the header in this newsgroup, all the emails he sent to or received from Capraro, and the cancelled check. That should be enough to get law enforcement interested. Maybe not. Maybe they're like the Denver police and spend all their time beating up or shooting civilians, so there's no time to investigate a small theft like this. Maybe they're too busy with homeland security. A civil action is possible too, but that would almost certainly burn up more money and time than it is worth. Still, if you got a judgement you could send a Falmouth collection agency after him... Earle "L.W. ("ßill") Hughes III" <billhughes (AT) cox (DOT) net> wrote in message news:3F161EB7.10482F3 (AT) cox (DOT) net... Yup, made out for $175 for what, a lesson well learned? For that good BJ he gave Arnold last time he was up in Massachusetts? God Bless America, ßill O|||||||O mailto:LWHughes3rd (AT) aol (DOT) com http://www.billhughes.com/ Thomas Waldron wrote: He should have a cancelled check with Joe's sig on it. tw 03 TJ Rubicon 01 XJ Sport There is a very fine line between "hobby" and "mental illness." -- Dave Barry http://www.jeepn.org/members/html/twaldron.html http://www.7slotgrille.com/jeepers/t...ron/index.html (Please remove the OBVIOUS to reply by email) __________________________________________________ _________ |
#23
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#24
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Maybe our resident attorney Robert, may offer a free opinion. No opinions, just some observations: 1. It won't hurt to contact the USPS mail fraud unit and file a complaint, it may not go anywhere, but it might. You might also try sending a letter with copies of e-mails and the cancelled check to the seller's local DA and the Better Business Bureau there. 2. In California, the small claims statutes provide for service by certified mail on out-of-state residents. Perhaps your state has a similar law. If so, then it should be relatively easy to get a small claims judgment against the "seller." 3. It is possible to obtain a "sister state judgment" of your small claims judgment in the seller's home state. All that is usually required are a couple of pre-printed forms. Then you can send the marshal in the seller's home town to his business to tap the till for the money. All the costs/fees for doing this are added to the judgment. 4. As I understand the situation, seller advertises header for sale, buyer responds and sends check after exchange of email, seller cashes check but doesn't ship headers, seller makes multiple promises to ship header but header never arrives, buyer makes multiple complaints, seller stops answering phone. It appears that seller either had no intention to perform at beginning of transaction or sometime after check cashed, which would constitute fraud. 5. A common term for the seller's misconduct is "wire fraud" and includes telephone, fax, email and the USPS. 6. Soliciting other jeepers to write letters to the seller demanding that he refund the $175 or ship the headers might be a powerful tool. What's his name and address again? Robert Bills KG6LMV Orange County CA http://www.outdoorwire.com/4x4/jeep/...p-l/billsr.htm http://www.RobertBills.com |
#25
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Thanks for all the responses. I do have the original post, all the emails that went back and forth and the cancelled check. I will contact my local post office to see what they say and will consider other suggested action. In case any of you care to write him asking his side of the story his address at work is: Joe Capraro Mom's Apple Pie 281 Main Falmouth, MA 02540 Phone # 508-540-8572 Thanks again, Al Green Ridgecrest, CA 93555 __ Arold "Al" Green |
#26
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haha..you can disconnect your phone all ya want I'll still finda ya! That aint a big deal. Friends in low places help alot. Brian 88 YJ |
#27
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Better yet lets all very NICELY call him up and ask when he is going to pay his debt! I figure if 50 or 60 of us do this on a regular bases he might get the idea. Joe Capraro Mom's Apple Pie 281 Main Falmouth, MA 02540 Phone # 508-540-8572 "Arold "Al" Green" <aroldg (AT) spamlessmchsi (DOT) com> wrote in message news:u35bhvkovf9l16f2f3uqlmv96lpbric8p3 (AT) 4ax (DOT) com... Hi Jeepers, I responded to a for sale posting on this newsgroup last December. Sent Joe Capraro $175 for his old Borla header. He cashed the check and promised to send it immediately. To make a very long story short - he apparently has no intention of sending the header or returning my money. This is in spite of several promises. He claimed illness and bad luck and I have given him more than enough time. He is now one of the owners of a business called: Mom's Apple Pie 281 Main Falmouth, MA 02540 While he is there, he will not even talk to me on the phone. The people who answer the phone: (508-540-8572) ask who is calling and when I tell them my name, he is always busy. This has happened at least 15 times in the last 3 months and again today. If anyone lives near Falmouth and could just ask him why he ripped off a fellow jeeper, I would appreciate it. Thanks, Al Green 90YJ, 4.2 w/MOPAR FI OME lift, 1"body & motor lift 31X10.5 BF Goodrich AT KOs Tom Wood Tail Shaft Conversion Canyon City tire rack Warn 9500i winch 3.73 Detroit rear & TrueTrac front lots of armor underneath |
#28
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I've been ripped off too. My first of MANY calls already went out to him. "Bralos" <nospam (AT) zerowait (DOT) com> wrote in message news:3f170fb1$1_1 (AT) news (DOT) dca.net... Better yet lets all very NICELY call him up and ask when he is going to pay his debt! I figure if 50 or 60 of us do this on a regular bases he might get the idea. Joe Capraro Mom's Apple Pie 281 Main Falmouth, MA 02540 Phone # 508-540-8572 "Arold "Al" Green" <aroldg (AT) spamlessmchsi (DOT) com> wrote in message news:u35bhvkovf9l16f2f3uqlmv96lpbric8p3 (AT) 4ax (DOT) com... Hi Jeepers, I responded to a for sale posting on this newsgroup last December. Sent Joe Capraro $175 for his old Borla header. He cashed the check and promised to send it immediately. To make a very long story short - he apparently has no intention of sending the header or returning my money. This is in spite of several promises. He claimed illness and bad luck and I have given him more than enough time. He is now one of the owners of a business called: Mom's Apple Pie 281 Main Falmouth, MA 02540 While he is there, he will not even talk to me on the phone. The people who answer the phone: (508-540-8572) ask who is calling and when I tell them my name, he is always busy. This has happened at least 15 times in the last 3 months and again today. If anyone lives near Falmouth and could just ask him why he ripped off a fellow jeeper, I would appreciate it. Thanks, Al Green 90YJ, 4.2 w/MOPAR FI OME lift, 1"body & motor lift 31X10.5 BF Goodrich AT KOs Tom Wood Tail Shaft Conversion Canyon City tire rack Warn 9500i winch 3.73 Detroit rear & TrueTrac front lots of armor underneath |
#29
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Hi Jeepers, I responded to a for sale posting on this newsgroup last December. Sent Joe Capraro $175 for his old Borla header. He cashed the check and promised to send it immediately. To make a very long story short - he apparently has no intention of sending the header or returning my money. This is in spite of several promises. He claimed illness and bad luck and I have given him more than enough time. He is now one of the owners of a business called: Mom's Apple Pie 281 Main Falmouth, MA 02540 While he is there, he will not even talk to me on the phone. The people who answer the phone: (508-540-8572) ask who is calling and when I tell them my name, he is always busy. This has happened at least 15 times in the last 3 months and again today. If anyone lives near Falmouth and could just ask him why he ripped off a fellow jeeper, I would appreciate it. Thanks, Al Green 90YJ, 4.2 w/MOPAR FI OME lift, 1"body & motor lift 31X10.5 BF Goodrich AT KOs Tom Wood Tail Shaft Conversion Canyon City tire rack Warn 9500i winch 3.73 Detroit rear & TrueTrac front lots of armor underneath |
#30
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I remember this guy. He had a bunch of electrical problems with his engine swap - swapped a 92 4.0L into his 88YJ. I helped him out over the course of several days emailing and faxing him schematics and wiring diagrams from my 92 factory service manual. Seemed like a nice guy. He said he'd let me know how it went, but I never heard squat back from him. If he stiffed you, I hope he never got the damn thing working. There was also one small thing that he said he would do (but never did) at the time when I was helping him that sent up a red flag in my mind -- he asked for my address because he said he wanted to send something "as a token of his appreciation" for my help. Maybe he meant a thank-you card or something. Not that I wanted or expected anything from him except knowing that he got his Jeep working, but he never sent anything. I was taught that if you tell a man you're going to do something, then DO it! Certainly a reflection of one's character. Good luck to you Al. Getting ripped off stinks. Never let your guard down when dealing with anybody these days. Terry. "Arold "Al" Green" <aroldg (AT) spamlessmchsi (DOT) com> wrote in message news:u35bhvkovf9l16f2f3uqlmv96lpbric8p3 (AT) 4ax (DOT) com... Hi Jeepers, I responded to a for sale posting on this newsgroup last December. Sent Joe Capraro $175 for his old Borla header. He cashed the check and promised to send it immediately. To make a very long story short - he apparently has no intention of sending the header or returning my money. This is in spite of several promises. He claimed illness and bad luck and I have given him more than enough time. He is now one of the owners of a business called: Mom's Apple Pie 281 Main Falmouth, MA 02540 While he is there, he will not even talk to me on the phone. The people who answer the phone: (508-540-8572) ask who is calling and when I tell them my name, he is always busy. This has happened at least 15 times in the last 3 months and again today. If anyone lives near Falmouth and could just ask him why he ripped off a fellow jeeper, I would appreciate it. Thanks, Al Green 90YJ, 4.2 w/MOPAR FI OME lift, 1"body & motor lift 31X10.5 BF Goodrich AT KOs Tom Wood Tail Shaft Conversion Canyon City tire rack Warn 9500i winch 3.73 Detroit rear & TrueTrac front lots of armor underneath |
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