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HERO RESTORATION - BOOKS NOT BEING RETURNED
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961 posts in this topic

 

I really do think there is an easy answer. Set a reasonable deadline for all the back orders over a year old. Don't take new orders until they are done. Communicate effectively. Meet those deadlines.  

The alternative is sending books back and keeping the money. And that isn't reasonable. 

I imagine it's fair to assume Mike didn't want this to happen.  He hasn't stolen or lost books. That said, he also doesn't have the cash to return the books and money.  So the only way to make this right, is for people to get what they paid for and for Mike to do the best work he can.  

It would probably serve him well to come on here, apologize and take ownership of this. No excuses. Just say I apologize, this wasn't my vision or intent and I'm committed to fulfilling my obligations.  

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On 6/23/2023 at 6:47 AM, KCOComics said:

It would probably serve him well to come on here, apologize and take ownership of this. No excuses. Just say I apologize, this wasn't my vision or intent and I'm committed to fulfilling my obligations.  

Exactly. Take the Bernie Madoff approach to making things right.

:p

Edited by sledgehammer
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Not to split hairs here but the registered agent is simply that. On my business the registered agent is the attorney I pay to file annually/maintain/make changes; who that is is irrelevant however the officers registered during formation is/are.

The business being dissolved does not absolve it from any wrongdoings while it was still in operation.

In terms of recovering funds, if you can determine a person misused or intermingled funds with their LLC/etc (pierce the veil), you can go after personal assets once the protections of the LLC are broken.

Of course take this with a grain of salt as my experience is in Georgia.

 

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Ok, well I did offer to send @Hero Restoration $100 no questions asked if @NP_Gresham 's AF15 was put in the mail on Tuesday with proof of shipping (jumping in on @CAHokie 's offer of the same thing) with CAHokie has repeatedly asked if it was mailed, and nothing but radio silence despite Mike being in the thread and reading posts. Offer rescinded. :( 

I tried to be empathetic to what he has going on, but at this point - it's impossible to do that in the face of how he's navigating this huge problem.

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On 6/23/2023 at 7:51 AM, sledgehammer said:

Exactly. Take the Bernie Madoff approach to making things right.

:p

Well, the other end is, he has to fulfill his obligations in a reasonable time frame. 

The alternative seems to be customers get books, but he can't return the $$.  And that isn't right. 

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The threads of this type that I have experienced over my years on this board have, to my recollection and unfortunately, typically ended badly in that the individual or company in question has not properly if at all addressed the issues. As I always do and despite my better judgement, I hope that this time the opposite will be true. However, I am a realist in this regard and, thus, will not hold my breath in anticipation of such.

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

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.

I believe that if this case were brought before a judge, some of his own comments in the thread have exposed his actions as being deceptive and would make what could’ve been a simple resolution a legal and financial nightmare for him than it already seems to be :tonofbricks:

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On 6/23/2023 at 5:47 AM, KCOComics said:

 

I really do think there is an easy answer. Set a reasonable deadline for all the back orders over a year old. Don't take new orders until they are done. Communicate effectively. Meet those deadlines.  

 

I don't think he'd be able to keep the lights on. He's been paid for all those back orders and that money might be long gone. So no way to pay the bills while trying to catch up.

If he sent all the books back with an apology and a promise to make good when he can (if he can) that would at least stop the reputational bleeding.

We'd be talking about a failed business and not grand theft. 

Edited by MatterEaterLad
typo
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On 6/9/2023 at 8:41 PM, NP_Gresham said:

Sent him the book in 2019

After numerous calls and emails I get an email in 2022 saying “Your book is started and I will send you updates as it goes along

Then nothing. 
 
At this point I know it is gone. And spending Lawyer money is a waste of time. If he filed for bankruptcy then it is all over. He becomes immune.

Oh well expensive lesson

FYI he recently posted an AF15 on his IG. Could this be yours?

886746B9-D398-4595-9040-A6A77CF82B7E.jpeg

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