Hulk #181 CGC 9.8...record GPA low

[faster friends]

[Triton27]

Just to give an update I won my ebay case last week. I sent the book back to scum bag certified mail just like gadzukes did. He did not sign for it when it got to his address and now its sitting in the local post office. He has until 9/24 to pick it up, then I get my money back either way. If he does not claim it within 15 days the book comes back to me.

 

On a side note scumb bags ebay feedback is down to 84.6%. I still owe him one too, so expect it to go even lower. It probably doesn't matter cause this guy has already moved on to a new ID. Just beware of any Stewart's out of Atlanta or Dallas. Lesson learned on my end.

 

Polar I hope all is well with your case, give us an update

[PolarSilver]

Hi guys,

Here's my update:

I won the case with PayPal, but haven't received any money back yet.

The comics were mailed back and the tracking status is "Attempted delivery. Notice card left indicating where item can be picked up"...that was at the date of 2011/09/15. I'm not sure how many days I'll have to wait if they aren't picked up.

 

Has Gadzukes received his comics back yet?

[gadzukes]

Good news Bhinson & Polar, glad things are wrapping up for you.

 

I called the post office a few times over the last week. The 1st person said it would be sent back to me after 15 days (monday). The second person said it would get to my house by last Tuesday. On Thursday I still hadn't gotten it, so I called again and the 3rd person said the book was still sitting at "Stewart's" post office. I asked them to send it back because he was refusing it. So, it'll get to my house sometime early this next week. The good news is, I'm getting it back. woohoo.

 

The moment ebay gives you your money back go ahead and call the Post office and request the comic be sent back to you, don't wait for the 15 days to pass, there's no need to do that once ebay gives you your money. He's obviously refusing to sign for it so get it back as soon as you can.

[PolarSilver]

Good news Bhinson & Polar, glad things are wrapping up for you.

 

I called the post office a few times over the last week. The 1st person said it would be sent back to me after 15 days (monday). The second person said it would get to my house by last Tuesday. On Thursday I still hadn't gotten it, so I called again and the 3rd person said the book was still sitting at "Stewart's" post office. I asked them to send it back because he was refusing it. So, it'll get to my house sometime early this next week. The good news is, I'm getting it back. woohoo.

 

The moment ebay gives you your money back go ahead and call the Post office and request the comic be sent back to you, don't wait for the 15 days to pass, there's no need to do that once ebay gives you your money. He's obviously refusing to sign for it so get it back as soon as you can.

 

woohoo!

[RockMyAmadeus]

By the way....

 

Just because someone commits fraud does not necessarily therefore mean you can be unjustly enriched (ie, keep the real comic for free) in the process.

 

Sure, the guy may not ever come after you for the book...but he may, and if he sues you, and you no longer have the book in your possession, you could be out what he paid for it. Just because he "refused" it doesn't mean he's abandoned it and you are free to do with it as you please.

 

I would not do anything with the book until it becomes abandoned property in your and/or his state (whichever is longer.)

[gadzukes]

By the way....

 

Just because someone commits fraud does not necessarily therefore mean you can be unjustly enriched (ie, keep the real comic for free) in the process.

 

Sure, the guy may not ever come after you for the book...but he may, and if he sues you, and you no longer have the book in your possession, you could be out what he paid for it. Just because he "refused" it doesn't mean he's abandoned it and you are free to do with it as you please.

 

I would not do anything with the book until it becomes abandoned property in your and/or his state (whichever is longer.)

 

Yes, you're absolutely right. I have a feeling though that "Stewart" will leave this all alone and try to hide under a rock.

 

I wonder, legally when is this comic considered "abandoned"?

 

Personally, with everything this guy put us through, I don't look at this as being "unjustly enriched", I see it as payment for pain, suffering, and mental anxiety. Remember also, we had to not only pay extra shipping to send it back (in my case I lost about $35 in extra costs), but the whole time my $8707 was wrapped up in this fraud (2 months) I couldn't buy comics that I could have been making money on.

[RockMyAmadeus]

By the way....

 

Just because someone commits fraud does not necessarily therefore mean you can be unjustly enriched (ie, keep the real comic for free) in the process.

 

Sure, the guy may not ever come after you for the book...but he may, and if he sues you, and you no longer have the book in your possession, you could be out what he paid for it. Just because he "refused" it doesn't mean he's abandoned it and you are free to do with it as you please.

 

I would not do anything with the book until it becomes abandoned property in your and/or his state (whichever is longer.)

 

Yes, you're absolutely right. I have a feeling though that "Stewart" will leave this all alone and try to hide under a rock.

 

I wonder, legally when is this comic considered "abandoned"?

 

Each state differs.

 

Personally, with everything this guy put us through, I don't look at this as being "unjustly enriched", I see it as payment for pain, suffering, and mental anxiety. Remember also, we had to not only pay extra shipping to send it back (in my case I lost about $35 in extra costs), but the whole time my $8707 was wrapped up in this fraud (2 months) I couldn't buy comics that I could have been making money on.

 

You cannot get "pain, suffering, and mental anxiety" damages in a small claims court, nor would you be very successful in other civil court.

 

And the law does not, unfortunately, look at "what else the money could have been doing" as compensatory damage.

 

After all....one could make the claim that they would have spent the money on lottery tickets, and won a $270 million jackpot. Is the defendant entitled to $270 million from the plaintiff based on "what if?"

 

No.

 

You have a legal right to the actual costs that you're out, but not for your time, effort, pain, suffering, or any other unliquidated damages.

 

Frankly, you may believe you have the right to what could end up being a real $700-$800 item "just to teach the guy a lesson", but you'd have a real hard time convincing a judge of that, and in no case are your actual damages commensurate with that figure (at this time.)

 

But who knows. Once the item officially becomes abandoned property, you can dispose of it any way you wish.

[Warren Oates]

Fast solution:

 

"lose" it as fast as possible.

 

whatever happens after that

 

NMF!

[comix4fun]

By the way....

 

Just because someone commits fraud does not necessarily therefore mean you can be unjustly enriched (ie, keep the real comic for free) in the process.

 

Sure, the guy may not ever come after you for the book...but he may, and if he sues you, and you no longer have the book in your possession, you could be out what he paid for it. Just because he "refused" it doesn't mean he's abandoned it and you are free to do with it as you please.

 

I would not do anything with the book until it becomes abandoned property in your and/or his state (whichever is longer.)

 

Yes, you're absolutely right. I have a feeling though that "Stewart" will leave this all alone and try to hide under a rock.

 

I wonder, legally when is this comic considered "abandoned"?

 

Each state differs.

 

Personally, with everything this guy put us through, I don't look at this as being "unjustly enriched", I see it as payment for pain, suffering, and mental anxiety. Remember also, we had to not only pay extra shipping to send it back (in my case I lost about $35 in extra costs), but the whole time my $8707 was wrapped up in this fraud (2 months) I couldn't buy comics that I could have been making money on.

 

You cannot get "pain, suffering, and mental anxiety" damages in a small claims court, nor would you be very successful in other civil court.

 

And the law does not, unfortunately, look at "what else the money could have been doing" as compensatory damage.

 

After all....one could make the claim that they would have spent the money on lottery tickets, and won a $270 million jackpot. Is the defendant entitled to $270 million from the plaintiff based on "what if?"

 

No.

 

You have a legal right to the actual costs that you're out, but not for your time, effort, pain, suffering, or any other unliquidated damages.

 

Frankly, you may believe you have the right to what could end up being a real $700-$800 item "just to teach the guy a lesson", but you'd have a real hard time convincing a judge of that, and in no case are your actual damages commensurate with that figure (at this time.)

 

But who knows. Once the item officially becomes abandoned property, you can dispose of it any way you wish.

 

 

Actually, time and effort may be something that you may be able to seek compensation for in a case where you have an intentional tort involving fraud.

 

Intentional torts are the ones where the person took affirmative acts to commit a fraud and damage the other party.

 

Punitive damages are awarded in cases of intentional torts. Given the size, scope, and number of scams committed by the same person in the same manner any action brought by the good Mr. Stewart would be met with a devastating cross complaint for the intentional tort of fraud as well as the request for compensatory damages including all costs and fees associated with getting the return of the original payment as well as punitive damages for the intentional act of fraud.

 

Mr. Stewart is smart enough to avoid signing for the packages and admitting to his real name and furthering the proof of fraud against him. I believe it would require a lobotomy being preformed for him to believe that he stood a chance in court for the return of his original property, used as a material component to the original fraud, without him being subject to payment of all the fees and costs of the suit on behalf of the person he sought to scam when the judge hears the whole story.

 

He'd lose the book, he'd lose a bunch more by voluntarily subjecting himself to the jurisdiction of the court in a case where he actively sought to defraud.

 

Just sayin'...ain't no way he's dumb enough to bring a suit for a $700 item when there's a better than awesome chance that he loses on the merits and loses on a cross complaint with a very real chance of him getting hit with punitives AND all costs.

[PolarSilver]

Actually, time and effort may be something that you may be able to seek compensation for in a case where you have an intentional tort involving fraud.

 

Intentional torts are the ones where the person took affirmative acts to commit a fraud and damage the other party.

 

Punitive damages are awarded in cases of intentional torts. Given the size, scope, and number of scams committed by the same person in the same manner any action brought by the good Mr. Stewart would be met with a devastating cross complaint for the intentional tort of fraud as well as the request for compensatory damages including all costs and fees associated with getting the return of the original payment as well as punitive damages for the intentional act of fraud.

 

Mr. Stewart is smart enough to avoid signing for the packages and admitting to his real name and furthering the proof of fraud against him. I believe it would require a lobotomy being preformed for him to believe that he stood a chance in court for the return of his original property, used as a material component to the original fraud, without him being subject to payment of all the fees and costs of the suit on behalf of the person he sought to scam when the judge hears the whole story.

 

He'd lose the book, he'd lose a bunch more by voluntarily subjecting himself to the jurisdiction of the court in a case where he actively sought to defraud.

 

Just sayin'...ain't no way he's dumb enough to bring a suit for a $700 item when there's a better than awesome chance that he loses on the merits and loses on a cross complaint with a very real chance of him getting hit with punitives AND all costs.

 

That's exactly what I was thinking, although I couldn't explain it nearly as well as you have.

 

There'd be no way for him to persue a case without him revealing how he originally bought a $700 comic and purposely tried to decieve us. This would demonstrate that the fraud was very intentional.

[RockMyAmadeus]

By the way....

 

Just because someone commits fraud does not necessarily therefore mean you can be unjustly enriched (ie, keep the real comic for free) in the process.

 

Sure, the guy may not ever come after you for the book...but he may, and if he sues you, and you no longer have the book in your possession, you could be out what he paid for it. Just because he "refused" it doesn't mean he's abandoned it and you are free to do with it as you please.

 

I would not do anything with the book until it becomes abandoned property in your and/or his state (whichever is longer.)

 

Yes, you're absolutely right. I have a feeling though that "Stewart" will leave this all alone and try to hide under a rock.

 

I wonder, legally when is this comic considered "abandoned"?

 

Each state differs.

 

Personally, with everything this guy put us through, I don't look at this as being "unjustly enriched", I see it as payment for pain, suffering, and mental anxiety. Remember also, we had to not only pay extra shipping to send it back (in my case I lost about $35 in extra costs), but the whole time my $8707 was wrapped up in this fraud (2 months) I couldn't buy comics that I could have been making money on.

 

You cannot get "pain, suffering, and mental anxiety" damages in a small claims court, nor would you be very successful in other civil court.

 

And the law does not, unfortunately, look at "what else the money could have been doing" as compensatory damage.

 

After all....one could make the claim that they would have spent the money on lottery tickets, and won a $270 million jackpot. Is the defendant entitled to $270 million from the plaintiff based on "what if?"

 

No.

 

You have a legal right to the actual costs that you're out, but not for your time, effort, pain, suffering, or any other unliquidated damages.

 

Frankly, you may believe you have the right to what could end up being a real $700-$800 item "just to teach the guy a lesson", but you'd have a real hard time convincing a judge of that, and in no case are your actual damages commensurate with that figure (at this time.)

 

But who knows. Once the item officially becomes abandoned property, you can dispose of it any way you wish.

 

 

Actually, time and effort may be something that you may be able to seek compensation for in a case where you have an intentional tort involving fraud.

 

Intentional torts are the ones where the person took affirmative acts to commit a fraud and damage the other party.

 

Punitive damages are awarded in cases of intentional torts. Given the size, scope, and number of scams committed by the same person in the same manner any action brought by the good Mr. Stewart would be met with a devastating cross complaint for the intentional tort of fraud as well as the request for compensatory damages including all costs and fees associated with getting the return of the original payment as well as punitive damages for the intentional act of fraud.

 

Mr. Stewart is smart enough to avoid signing for the packages and admitting to his real name and furthering the proof of fraud against him. I believe it would require a lobotomy being preformed for him to believe that he stood a chance in court for the return of his original property, used as a material component to the original fraud, without him being subject to payment of all the fees and costs of the suit on behalf of the person he sought to scam when the judge hears the whole story.

 

He'd lose the book, he'd lose a bunch more by voluntarily subjecting himself to the jurisdiction of the court in a case where he actively sought to defraud.

 

Just sayin'...ain't no way he's dumb enough to bring a suit for a $700 item when there's a better than awesome chance that he loses on the merits and loses on a cross complaint with a very real chance of him getting hit with punitives AND all costs.

 

All true...but not in small claims.

 

And who is filing in trial court for a $700 item...?

[comix4fun]

By the way....

 

Just because someone commits fraud does not necessarily therefore mean you can be unjustly enriched (ie, keep the real comic for free) in the process.

 

Sure, the guy may not ever come after you for the book...but he may, and if he sues you, and you no longer have the book in your possession, you could be out what he paid for it. Just because he "refused" it doesn't mean he's abandoned it and you are free to do with it as you please.

 

I would not do anything with the book until it becomes abandoned property in your and/or his state (whichever is longer.)

 

Yes, you're absolutely right. I have a feeling though that "Stewart" will leave this all alone and try to hide under a rock.

 

I wonder, legally when is this comic considered "abandoned"?

 

Each state differs.

 

Personally, with everything this guy put us through, I don't look at this as being "unjustly enriched", I see it as payment for pain, suffering, and mental anxiety. Remember also, we had to not only pay extra shipping to send it back (in my case I lost about $35 in extra costs), but the whole time my $8707 was wrapped up in this fraud (2 months) I couldn't buy comics that I could have been making money on.

 

You cannot get "pain, suffering, and mental anxiety" damages in a small claims court, nor would you be very successful in other civil court.

 

And the law does not, unfortunately, look at "what else the money could have been doing" as compensatory damage.

 

After all....one could make the claim that they would have spent the money on lottery tickets, and won a $270 million jackpot. Is the defendant entitled to $270 million from the plaintiff based on "what if?"

 

No.

 

You have a legal right to the actual costs that you're out, but not for your time, effort, pain, suffering, or any other unliquidated damages.

 

Frankly, you may believe you have the right to what could end up being a real $700-$800 item "just to teach the guy a lesson", but you'd have a real hard time convincing a judge of that, and in no case are your actual damages commensurate with that figure (at this time.)

 

But who knows. Once the item officially becomes abandoned property, you can dispose of it any way you wish.

 

 

Actually, time and effort may be something that you may be able to seek compensation for in a case where you have an intentional tort involving fraud.

 

Intentional torts are the ones where the person took affirmative acts to commit a fraud and damage the other party.

 

Punitive damages are awarded in cases of intentional torts. Given the size, scope, and number of scams committed by the same person in the same manner any action brought by the good Mr. Stewart would be met with a devastating cross complaint for the intentional tort of fraud as well as the request for compensatory damages including all costs and fees associated with getting the return of the original payment as well as punitive damages for the intentional act of fraud.

 

Mr. Stewart is smart enough to avoid signing for the packages and admitting to his real name and furthering the proof of fraud against him. I believe it would require a lobotomy being preformed for him to believe that he stood a chance in court for the return of his original property, used as a material component to the original fraud, without him being subject to payment of all the fees and costs of the suit on behalf of the person he sought to scam when the judge hears the whole story.

 

He'd lose the book, he'd lose a bunch more by voluntarily subjecting himself to the jurisdiction of the court in a case where he actively sought to defraud.

 

Just sayin'...ain't no way he's dumb enough to bring a suit for a $700 item when there's a better than awesome chance that he loses on the merits and loses on a cross complaint with a very real chance of him getting hit with punitives AND all costs.

 

All true...but not in small claims.

 

And who is filing in trial court for a $700 item...?

 

 

Well, a scam artist certainly isn't, .

 

I have had cases that were small claims against my client and I would file my own suit for far more than the original complaint in chancery court, then move the small claims court to transfer the small claim to the chancery court where I would move a judge join the actions into a single case.

 

The point of what I was saying is that a scammer isn't voluntarily subjecting himself to the rule of law or a court's jurisdiction.

[PolarSilver]

Sustained!

 

 

 

[gadzukes]

Polar & Bhinson, I called the post office again yesterday because the Hulk comic hadn't come back to me (5th time I've called them). They told me it STILL was sitting at "Stewart"s" PO waiting for him. They sent him another notice to come get it.

I'm a little disappointed in the USPS. I called them 10 days ago to start tracking it down and get it back to me since Stewart wasn't signing for it. They originally told me it would come back after 15 days (which it didn't). It's now 27 days later and it is finally coming back to me.

 

I like one of the previous posters ideas to conveniently "lose" it once it comes back. Anyone want to conveniently "find" it?

[faster friends]

Polar & Bhinson, I called the post office again yesterday because the Hulk comic hadn't come back to me (5th time I've called them). They told me it STILL was sitting at "Stewart"s" PO waiting for him. They sent him another notice to come get it.

I'm a little disappointed in the USPS. I called them 10 days ago to start tracking it down and get it back to me since Stewart wasn't signing for it. They originally told me it would come back after 15 days (which it didn't). It's now 27 days later and it is finally coming back to me.

 

I like one of the previous posters ideas to conveniently "lose" it once it comes back. Anyone want to conveniently "find" it?

 

[Shaven Kev-migration]

[Triton27]

Won my ebay case and got my money back.

 

Things to do: Leave this D-Bag some negative feedback, Get my hands on those books that "aren't mine", conveniently loose those books that "aren't mine".

 

If Stew-bag did file suit it would defeat his original premise which was that his company was liquidating somebody's estate. We know that's not how he got these books given his ebay profile/history, so can he prove it? Doubt it and doubt that he takes any action.

 

So with that said anyone know a good presser?

 

[PolarSilver]

I won mine too!

 

If we were in the same neck of the woods, I'd buy you guys a beer.

[RockMyAmadeus]

Won my ebay case and got my money back.

 

Things to do: Leave this D-Bag some negative feedback, Get my hands on those books that "aren't mine", conveniently loose those books that "aren't mine".

 

If Stew-bag did file suit it would defeat his original premise which was that his company was liquidating somebody's estate. We know that's not how he got these books given his ebay profile/history, so can he prove it? Doubt it and doubt that he takes any action.

 

So with that said anyone know a good presser?

 

He probably won't, but if he ends up losing $2K over the situation, he just might. He doesn't need to stick to his "orginal premise" in court. It would be detrimental to his case, but it doesn't sink it by any means.

 

Or....the one or two he managed to sucker may have covered his losses.

 

Who knows?

 

I would not "loose" the book if I were you. Just sayin'.

 

Stealing from a thief is still stealing.....