I think he ripped me off!

[Rost]

I sold my E-caller over the web...well, atleast I thought I did. It's starting to look like I gave it away

It was on a Predator Forum that I sold this. I talked to the guy 3 times on the phone, emailed him 3 times. Well, like a dummy, I told him I'd send him the caller and if he liked it, send the check, if not, send it back. BTW, he honestly sounded very trust worthy on the phone.. Well, that was 3 weeks ago. I am starting to wonder here.

If he does not pay, what can I do? I sold the call for $100 if it matters.

[lawdog]

Where is the guy located? Theoretically I suppose you could sue him, or try to convince the local cops to talk to him as I think technically its a theft. Reality though is you won't be able to do much or resolve anything for $100 going through court. I'd keep hounding him and maybe have a lawyer send him a demanding letter. I send tons of them and some people actually respond to them when they see a lawy firm name even if they would blow you off...

[Dave S]

wouldn't a case like this be considered along the lines of wire fraud or mail fraud? Not sure on the legality of someone getting hosed like this, but there has to be something he can do.

[Guest]

Had a problem like this once,called him and told him that i would continue to call him day and night until he paid. he got sick of me calling at 6am to12.00pm and after 1 week he called and said he sent a check,which he did. you cannot trust anyone,anymore.

[Guest]

well, this is the grey area of things.. If you sent it to him via usps, it could be considered mail fraud, which is a federal offense. But if anything the worst he'll get is a slap on the wrist and charged with a misdemeanor because the items value is not over 500.00. Basically you should call the local PD where he;s located and tell them the situation. If they're nice, they'll go talk with the guy. I got ripped off on hsolist for 650.00. All I did was call the police where he was, filed a report and faxed them all the information I had on the guy and let the legal process take over..

[Jim Hudson]

The biggest thing you need is documentation... if you saved your e-mails and they have information pertaining to the pending sale you should have enough to get a theft charge depending on the states wording in their statutes... this is the same for a fraud case...

but if there is no real documentation to the pending transaction he could literally tell the police you gave him the caller..... so if that is the case the only other thing you could do is go at him civilly...

in reference to calling him repeatedly, just remember he could turn that around on you as a harassment case....

[Eric Wettschreck]

I kind of went though the same thing last fall when I bought a Vexilar. The difference was I sent a check, and didn't get my Vexilar. Constant e-mails, many phone messages on my part, more e-mails, then I finally got a response. It took almost a month and a half to get the vex.

It took borderline harassment on my part to get the darn thing, but perseverance paid off.

[leechlake]

Rost, you're not a dummy, in my mind. I'd do the same thing. Someone has to start the transaction off. I'd call and talk to him one more time, ask for the money, and tell him if you don't get the check by X date you'll start calling a lot. Then as stated above he'll get tired of you calling at goofy hours and that should solve your problem. If it doesn't you may get $100 worth of satisfaction by making the odd hour calls. Don't waste your time contacting authorities, from experience getting $1000's of dollars from a deadbeat is nearly impossible. You have to get a judgement and then an Order of Replevin (trust me I've been there to know this lingo) to present to the Sheriff so he can go get your stuff, every time you think you've "got him" you'll be frustrated that the system isn't so easy, or cheap, to work through. First try a little "professional persistance." By the way, you may try having a friend/wife to call him, have them say they are calling "on behalf" of you. He may think you've hired some sort of professional to handle the matter. Don't lie and have them say they are an attorney just use the "on behalf of" line. Good luck, let us know how this turns out.

[Rost]

Thanks Guys-

The problem is the fact that I have emailed and called him on a daily basis. He is not answering his phone nor returning his email. I think he has caller ID.

I plan on contacting his local authorities in Lostine.

[MinnesotaMuskie]

Be positive, absolute, and without a doubt, sure that his intent is to take advantage. If it is, post the situation on the forum you sold the call...he will probabaly disappear.

Perhaps a $5.00 classified ad in his local paper would speed him up a bit???

[leechlake]

Rost, for what it's worth I'd be happy give a call "on your behalf". You can email me at krismartinson (@) MCHSI (dot)com and we'll figure it out, I can't promise anything but my best effort, anything for a fellow fishingminnesota guy.

[pikehunter]

Now we're getting somewhere!

Just post the number here ... he's never be able to keep track of all the phone numbers of those calling on your behalf. I bet we'd have your 100 buck in a week.

Ha!