HERO RESTORATION - BOOKS NOT BEING RETURNED 20 20

[Gaard]

On 6/22/2023 at 7:53 PM, Lightning55 said:

We should avoid them?

 

[Poka]

On 6/23/2023 at 4:25 AM, FlyingDonut said:

So you're not getting your $2K back?

Not entirely sure that stealing $2K of a customer's money because you haven't started working on a project after 16 months is the greatest marketing/new business effort for a struggling small firm. Not for nothing, but people on this board are extremely influential in the very small world of high end comic book restoration. I'm quite sure that no one here is going to use Hero Restoration's services ever again, and if asked, I will be saying "hey, don't use these guys."

From what I understand from reading this thread is that a lot of money went into setting up the 2nd facility and it all had to be sold at fire sale prices. Assuming that it true - there is really not much left than for Hero Resto to declare personally bankrupt. There is a difference between business failure and stealing - but until he goes through the bankruptcy proceeding - no one really can tell what happend with the money

Edited June 23, 2023 by Poka

[DR.X]

On 6/22/2023 at 6:01 PM, Timmay said:

On 6/22/2023 at 4:12 PM, Steviehuv66 said:

Thanks for your comment.  I’ve asked this guy several times to refund me along with the book being returned.  He’s a bit of a wise guy telling me to check the Terms of Agreement.  It’s very unprofessional to say the least.  I’m not happy about it but I’m not sure how to proceed with recouping my 2k.  Advice is welcomed!

Road trip 

100%

[Nick Furious]

On 6/22/2023 at 4:12 PM, Steviehuv66 said:

Thanks for your comment.  I’ve asked this guy several times to refund me along with the book being returned.  He’s a bit of a wise guy telling me to check the Terms of Agreement.  It’s very unprofessional to say the least.  I’m not happy about it but I’m not sure how to proceed with recouping my 2k.  Advice is welcomed!

Time for The Meetup in Merced.  That's where forum members handle their business.  

[DougC]

On 6/22/2023 at 4:55 PM, CAHokie said:

Has anyone at least consulted an attorney?

Has anyone contacted consumer protection with the Attorney General of the state the business is in?

On 6/22/2023 at 8:25 PM, Poka said:

There is a difference between business failure and stealing - but until he goes through the bankruptcy proceeding - no one really can tell what happend with the money

This is not legal advice and I am 20+ years out of practice from doing paralegal work on trademark cases.

The Oregon Secretary of State has a pretty robust website to assist people, I would first go there and file all of the general online complaints except for the BBB. That is a useless voluntary organization that cannot actually do anything (yelp for boomers).

If you are local to the area it is very easy to file a civil case ($65 and fill out a form), if you are not local the cost of a representing attorney will be more than the upfront cost paid (3-5K) for restoration. Though you are likely to win (IMO) and receive judgement for all fees, you are much less probable to actually receive those fees and will need to continuously go back to court to ask for judgements against both HR (the Business) and Mike (person) individually so that liens can be applied.

Someone will need to file at some point to force an end to the saga, which will do three things.

1. The individual filing will not need an attorney, but the business being sued is forced to retain one.
   1. In theory this will keep the business honest about disclosures.
2. HR is very likely not to declare bankruptcy unless forced too due to how the money was handled.
   1. Any money has a large probability to have been miss appropriated (used for personal reasons).
3. Is HR/Mike even a legitimate business anymore? (this needs to be established).

In November 2022 it looks like Mike removed his name as the registered agent for the business in an updated filing. Worse, all of this could very well be moot as on 3/28/23 HR LLC filed for DISSOLUTION in Oregon (not VA) and effectively ended all outstanding contracts. Mike has known about this and chose not to disclose this information while still operating a "business".

Take all of this with a grain of salt I could be reading these documents wrong... STATE FILINGS

[s-dali]

On 6/22/2023 at 10:06 PM, DougC said:

In November 2022 it looks like Mike removed his name as the registered agent for the business in an updated filing. Worse, all of this could very well be moot as on 3/28/23 HR LLC filed for DISSOLUTION in Oregon (not VA) and effectively ended all outstanding contracts. Mike has known about this and chose not to disclose this information while still operating a "business".

Take all of this with a grain of salt I could be reading these documents wrong... STATE FILINGS

This is from page 8. I was wondering exactly what he meant by the part I outlined in red. Now, I think I know.

[Black_Adam]

On 6/22/2023 at 4:53 PM, Lightning55 said:

Doesn't CGC require full payment up front? We should avoid them?

Yes, avoid CGC. And skip McDonald's too, they always make me pay before starting on my McRib...

But to be clear, my comment was directed toward contractors (as in the comment I quoted) not corporate juggernauts like CGC.

You should probably still avoid McDonald's, though...

[Steviehuv66]

On 6/22/2023 at 11:06 PM, DougC said:

This is not legal advice and I am 20+ years out of practice from doing paralegal work on trademark cases.

The Oregon Secretary of State has a pretty robust website to assist people, I would first go there and file all of the general online complaints except for the BBB. That is a useless voluntary organization that cannot actually do anything (yelp for boomers).

If you are local to the area it is very easy to file a civil case ($65 and fill out a form), if you are not local the cost of a representing attorney will be more than the upfront cost paid (3-5K) for restoration. Though you are likely to win (IMO) and receive judgement for all fees, you are much less probable to actually receive those fees and will need to continuously go back to court to ask for judgements against both HR (the Business) and Mike (person) individually so that liens can be applied.

Someone will need to file at some point to force an end to the saga, which will do three things.

1. The individual filing will not need an attorney, but the business being sued is forced to retain one.
   1. In theory this will keep the business honest about disclosures.
2. HR is very likely not to declare bankruptcy unless forced too due to how the money was handled.
   1. Any money has a large probability to have been miss appropriated (used for personal reasons).
3. Is HR/Mike even a legitimate business anymore? (this needs to be established).

In November 2022 it looks like Mike removed his name as the registered agent for the business in an updated filing. Worse, all of this could very well be moot as on 3/28/23 HR LLC filed for DISSOLUTION in Oregon (not VA) and effectively ended all outstanding contracts. Mike has known about this and chose not to disclose this information while still operating a "business".

Take all of this with a grain of salt I could be reading these documents wrong... STATE FILINGS

I thank you for your assistance in this matter. I’m a retired federal agent and worked with paralegals at the US Attorney’s Office in New York.  Paralegals did all the work and were worth their weight in gold.  I’m going to look into all of this and see if I have any recourse. 

[ExNihilo]

On 6/22/2023 at 8:06 PM, DougC said:

Worse, all of this could very well be moot as on 3/28/23 HR LLC filed for DISSOLUTION in Oregon

Not a lawyer, but I'm interpreting this to mean that Mike's personal assets are no longer separate/protected from the business and that if anyone were to sue and win, they would have a legal right to garner wages or whatever else until payment is made?  Whereas if the business entity still existed, participants in any legal action would only be able to recoup up to whatever value remained of the business?  I mean, if a business is dissolved, isn't the resolution of business part of that dissolution (ie the return of assets)?  Somehow that makes this seem all the more messy.

[DougC]

On 6/22/2023 at 11:08 PM, ExNihilo said:

Not a lawyer, but I'm interpreting this to mean that Mike's personal assets are no longer separate/protected from the business and that if anyone were to sue and win, they would have a legal right to garner wages or whatever else until payment is made?  Whereas if the business entity still existed, participants in any legal action would only be able to recoup up to whatever value remained of the business?  I mean, if a business is dissolved, isn't the resolution of business part of that dissolution (ie the return of assets)?  Somehow that makes this seem all the more messy.

This is a bit noodley and Mike seems to have known how to file for protection and I think he knew what was coming and protected his assets (over his customers). My working premise is Mike removed himself as the registered agent for the business in November 22, by doing so he can claim to just be a paid employee without any need of legal indemnity. Then HR (the business) filed for dissolution of services et al in March 23. Meaning there would be nothing left to sue outside of Mike still holding non-asset property in trust for that former business.

All of this is absolute supposition! as Mike still seems to be running the business as a front facing owner and producing work under said business. The obvious argument is that Mike as a non-commercial entity took on the responsibility of production after the business dissolved but has no assets to levy from if an aggrieved party tried to file suit, since technically he would no longer be responsible for anything that business has done.

Edit to add: a party can still file suit against a dissolved company as there are questions about monetary miss appropriation and whom is at fault.

Edited June 23, 2023 by DougC

[cbalroman]

On 6/22/2023 at 2:16 PM, Black_Adam said:

Any contractor asking for full payment before any work is done is telegraphing they have problems with cash flow, which is a huge red flag that this is not a contractor you want to do business with.   

Totally agree. That’s why I find it crazy that the same ‘red flag’ isn’t seen for resto work on a comic. Especially if the amount of the job is in the thousands of dollars.  I could be out of line on this thinking as I never have resto work done before. 

[IcedDog]

On 6/23/2023 at 12:31 AM, DougC said:

miss appropriation

I don't know who Miss Appropriation is, but she sounds naughty 

[DougC]

On 6/23/2023 at 1:14 AM, IcedDog said:

I don't know who Miss Appropriation is, but she sounds naughty 

[DougC]

I assume this was supposed to be some type of vague intimidation tactic... was I the only lucky recipient?

On 6/23/2023 at 3:40 AM, Hero Restoration said:

This information is being provided as a curtesy. 

 

You expressly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(e) provide any Content that may violate another’s intellectual property rights, including but not limited to copyright, trademark, patent, or trade secrets.

(d) You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any Content violates the rights of third-parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of the users of this web site.

CGC takes claims of copyright infringement seriously. CGC will respond to notices of alleged copyright infringement that comply with applicable law.

 

CONFIDENTIAL: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify service@HRComics.com. This message contains confidential information and is intended only for the individual named. Distribution of contents outside of intended recipients' organization is strictly prohibited, except legal council. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

 

To be clear, the intended recipient is expected to respect the legal privacy of this conversation. Sharing, Copying, Quoting,  or posting any information in this email is a violation of Federal Law 26 U.S. Code § 7213  & 26 U.S. Code § 7213 .

 

Hero Restoration is 100% compliant with the GDPR data protection regulation. Visit our privacy policy to learn how we collect, keep, and process your private information in accordance with these laws.

[thehumantorch]

On 6/23/2023 at 3:08 AM, DougC said:

I assume this was supposed to be some type of vague intimidation tactic... was I the only lucky recipient?

When logic and butterflies don't work threats and intimidation might.

[Buzzetta]

On 6/23/2023 at 5:08 AM, DougC said:

I assume this was supposed to be some type of vague intimidation tactic... was I the only lucky recipient?

Quote

   On 6/23/2023 at 4:40 AM, Hero Restoration said:

This information is being provided as a curtesy. 

 

You expressly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(e) provide any Content that may violate another’s intellectual property rights, including but not limited to copyright, trademark, patent, or trade secrets.

(d) You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any Content violates the rights of third-parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of the users of this web site.

CGC takes claims of copyright infringement seriously. CGC will respond to notices of alleged copyright infringement that comply with applicable law.

 

CONFIDENTIAL: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify service@HRComics.com. This message contains confidential information and is intended only for the individual named. Distribution of contents outside of intended recipients' organization is strictly prohibited, except legal council. If you are not the named addressee you should not disseminate, distribute or copy this email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

 

To be clear, the intended recipient is expected to respect the legal privacy of this conversation. Sharing, Copying, Quoting,  or posting any information in this email is a violation of Federal Law 26 U.S. Code § 7213  & 26 U.S. Code § 7213 .

 

Hero Restoration is 100% compliant with the GDPR data protection regulation. Visit our privacy policy to learn how we collect, keep, and process your private information in accordance with these laws.

Did he send that to you via PM or did he post that on the board and then delete it?

If he posted it on the boards and then deleted it, perhaps he realized that he was in danger of suing himself for posting it, which at this point does not seem to be something he can afford to do. 

[Kamenliter]

On 6/23/2023 at 5:08 AM, DougC said:

I assume this was supposed to be some type of vague intimidation tactic... was I the only lucky recipient?

Nope, me too - as the author of the thread I got one too and have been asked to delete the entire post under threat of a cease and desist/libel suit. 
 

Moderator? What to do? I started a post asking if anyone had gotten their books back, worried about mine. I left basically a review of the work once I finally got them back, after ten months (not knowing I’d even get them back) and now he’s going to sue me? After screwing me (and others) over? Wtf.

Edited June 23, 2023 by Kamenliter

[Buzzetta]

On 6/23/2023 at 5:45 AM, Kamenliter said:

Nope, me too - as the author of the thread I got one too and have been asked to delete the entire post under threat of a cease and desist/libel suit. 
 

Moderator? What to do? I started a post asking if anyone had gotten their books back, worried about mine. I left basically a review of the work once I finally got them back, after ten months (not knowing I’d even get them back) and now you’re going to sue me? After screwing me (and others) over? Wtf.

He is running scared and full of hot wind.

If this thread is deleted it will gain even more legs as it is then even more widely distributed and the talk of the town will be that he had it removed. 

 

[DougC]

On 6/23/2023 at 4:45 AM, Kamenliter said:

Nope, me too - as the author of the thread I got one too and have been asked to delete the entire post under threat of a cease and desist/libel suit. 
 

Moderator? What to do? I started a post asking if anyone had gotten their books back, worried about mine. I left basically a review of the work once I finally got them back, after ten months (not knowing I’d even get them back) and now he’s going to sue me? After screwing me (and others) over? Wtf.

A cease and desist is just a "please stop" notice and pretty ineffectual as a legal recourse.

A "libel suit" is very expensive, difficult to prove, and needs a number of triggers... one of which is false information.

@Kamenliter are fine, there has been nothing posted that seems to be untrue or without cause. The bigger question is should we make buttons in case more people join the PM "i'll sue you" club? If it is large enough we can even hold a convention!

@Buzzetta It was a PM like Kamenliter got. I had a good laugh reading the courtesy.

 

Edited June 23, 2023 by DougC

[Buzzetta]

Hey, @Hero Restoration check out my new signature line.  If you want to shut it down here’s an additional 35,000 + posts questioning what is going on with peoples books and money. 
 

To everyone else this is how I keep myself amused during my commute.  Hopefully no one decides to surf the train today and lose their head like they did yesterday.  I like to be on time. 

Edited June 23, 2023 by Buzzetta