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I'm giving up. The scammer gets off.

51 posts in this topic

If the judge believes George Manos (which is unlikely, because if you file a small claims suit in Washington, chances are Manos won't appear and you'll win by default) then you're screwed.

 

I figured you'd have to file the suit in the state where the scumbag lives. Can you really do it in your own state? I have no idea, but I've wondered for quite a while. I noticed someone earlier in the thread was under the impression Sid would have to file in Connecticutt.

 

In one of my earliest posts in the CGC forums, I discussed the fact that by sending you a book through the mail, addressed to you in your home state, and accepting money sent by you from your home state, the seller has established the requisite minimum contacts with the forum state (your home state) in order for your state's courts to have personal jurisdiction over the seller. You don't have to sue in his state. You just have to make sure to effectuate service of process, which Washington permits you to do by registered mail or certified mail, with a signed return receipt. (Or you can pay a process server $50 to serve him in his home state with the Washington complaint, and ask the court to order him to repay you your service fees along with your filing fees when you win your judgment)

 

You will eventually have to apply to have the judgment entered and executed in his state (in order to execute on his property within his state), but this is a simple and relatively inexpensive process. If any of you needs help, I am happy to assist with off-the-record advice. I hate internet fraudsters. smile.gif

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Thanks Scott, your efforts in providing me this info and these links are much appreciated. I will be looking into them and doing some more reporting later this week. The FBI internet fraud reporting center was one of the same agencies that Comicwiz tipped me on a few months ago and I already reported the fraud to them (but never heard back from, at least not yet). The others will be hearing from me soon. Scott if you are at the Forum dinner in San Diego maybe we'll have more of a chance to talk then (but not about this, hopefully this will all be over and done with by then). It's nice to have some pros (attorneys, law enforcement, techies, accountants, teachers) as members of this forum that are willing to help out when the need arises. There are even doctors on board here. Cool, thanks guys, what a great group of people. thumbsup2.gif -------Sid

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There are even doctors on board here.

 

It's a good thing too, because if I had received that book while expecting an unrestored 7.0, I'd have had a heart attack. 893whatthe.gif

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Sid:

 

Here are some links that will help you file a small claims action. The filing fee is $10 (perhaps with some small surcharge added -- both are recoverable from the defendant as litigation costs).

 

Small Claims Self-Help Internet site

 

Here is a link to the statute discussing where an action may be filed/venued:

 

Note that subdivision (5) permits you to sue in your own district, because the defendant lives out of state.

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Sid:

 

Here are some links that will help you file a small claims action. The filing fee is $10 (perhaps with some small surcharge added -- both are recoverable from the defendant as litigation costs).

 

Wait wait wait... First you barely lift a finger to help the guy, and now you're telling him he's gotta cough up another $10 ? How many more times must Sid pay for this mistake?

 

Sid, I'd watch this FFBono character if I were you ... he's clearly trying to pull something here! insane.gif

 

Go get 'em, Sid, and if all else fails, we can sic ArAich's ex on the S.O.B. !

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Call the cops in his hometown and tell them he scammed you out of over $2,000 on the internet and you want to press fraud charges.

 

27_laughing.gif ...There is like, 100 people in Thomaston, CT ....and they're all related... 27_laughing.gif

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If the judge believes George Manos (which is unlikely, because if you file a small claims suit in Washington, chances are Manos won't appear and you'll win by default) then you're screwed.

 

I figured you'd have to file the suit in the state where the scumbag lives. Can you really do it in your own state? I have no idea, but I've wondered for quite a while. I noticed someone earlier in the thread was under the impression Sid would have to file in Connecticutt.

 

In one of my earliest posts in the CGC forums, I discussed the fact that by sending you a book through the mail, addressed to you in your home state, and accepting money sent by you from your home state, the seller has established the requisite minimum contacts with the forum state (your home state) in order for your state's courts to have personal jurisdiction over the seller. You don't have to sue in his state. You just have to make sure to effectuate service of process, which Washington permits you to do by registered mail or certified mail, with a signed return receipt. (Or you can pay a process server $50 to serve him in his home state with the Washington complaint, and ask the court to order him to repay you your service fees along with your filing fees when you win your judgment)

 

You will eventually have to apply to have the judgment entered and executed in his state (in order to execute on his property within his state), but this is a simple and relatively inexpensive process. If any of you needs help, I am happy to assist with off-the-record advice. I hate internet fraudsters. smile.gif

 

This is interesting, thanks for the clarification. thumbsup2.gif

 

When I pursued filing a claim against the fraudster in Connecticut, I researched the process in CT since I was working up there, I got all the forms and spoke with someone on the phone that said I would need to file the claim in the county where the plaintiff resides. I never did look into the process from the perspective of filing here in NC (although the following year I did succesfully sue someone in small claims court), but as you linked above, the statutes in the State of Washington apparently allow this.

 

Bassman - please let us know how this all works out. As mentioned above, if you do win your case, you would need to have your claim executed in CT, and if he doesn't pay up, you need to pay the local sheriff to deliver the claim in person (the defendant is responsible for the fee), and at some point you can lay claim against their wages, etc.,. (excuse the use of layman's terms here, FFB describes this in legal mumbo-jumbo above!) The bottom line is that a succesful judgement in court is only the 1st step in getting your money back, good luck! 893crossfingers-thumb.gif

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Thanks guys. When I wrote my initial post I was really ready to call it quits on this issue and just chalk it up as a learning experience. But with all this support, and suggestions, and legal advice, and "go get the [!@#%^&^]" comments.... well I'm back in again. Knowing me I'll take a little time in doing this but I'll at least start on the process again this week. I'll keep you informed if anything happens. -----Sid

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