Stolen cue!!! Barry Stewart has my cue.

Actually the commercial refered to a law around receipt of unsolicited goods. There was/is a scam where people would send office supplies, books, etc. to people under one pretense or another and then send them ridiculous invoices that would either be paid or sent to collections (like $50 per light bulb for a case of them or something). Essentially, the idea is that if a company sends you a product that you did not order then you can not only keep it but it is illegal for them to pursue you for payment.

Here is what the FTC says about this type of situation:

Q. What should I do if the unordered merchandise I received was the result of an honest shipping error?
A. Write the seller and offer to return the merchandise, provided the seller pays for postage and handling. Give the seller a specific and reasonable amount of time (say 30 days) to pick up the merchandise or arrange to have it returned at no expense to you. Tell the seller that you reserve the right to keep the merchandise or dispose of it after the specified time has passed.

Where it gets sticky is that this is not technically merchandise, it belongs to someone else and is not produced by you. That being the case, I would think that there is a possibility that keeping the item would constitute theft. I would find proof of ownership by your customer, and file a police report alleging that the recipient knowingly kept the item after you provided them with proof that it was not merchandise but rather the personal property of one of your customers.

If it was addressed to another person by name then it stands to reason that the recipient would know that the package belonged to someone else. I would look at that angle too with regards to opening someone else's mail.

The problem is he put the wrong label on it. So it was addressed wrongly.

You have to prove he actually recieved the cue, which would be by his own admission at this point. Then you'd have to show it wasn't his. The police will likely not even take a report for this. The only thing that could possibly save him legally is that he technically isn't the owner of the cue, since it was paid for. You can't "give" something to someone that's not yours to give.
 
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You have to prove he actually recieved the cue, which would be by his own admission at this point. Then you'd have to show it wasn't his. The police will likely not even take a report for this.

I agree that the law doesn't matter in terms of what he SHOULD do. However, if he won't do the right thing then options are either to go through the law or to do something else to coerce him into not being a piece of human trash.

Police will take a report for anything, even civil matters, if pressed as many people use it as a means of record keeping (insurance companies need it for minor stuff, etc.). As it is free to do, it couldn't hurt.

My personal feeling on this is that some folks in the area should hunt him down and help him come to Jesus...
 
I agree that the law doesn't matter in terms of what he SHOULD do. However, if he won't do the right thing then options are either to go through the law or to do something else to coerce him into not being a piece of human trash.

Police will take a report for anything, even civil matters, if pressed as many people use it as a means of record keeping (insurance companies need it for minor stuff, etc.). As it is free to do, it couldn't hurt.

My personal feeling on this is that some folks in the area should hunt him down and help him come to Jesus...

If you were in the area, would you? Who in their right minds would go to a stranger's house and "help him come to Jesus" because of someone else's mistake?
 
I agree that the law doesn't matter in terms of what he SHOULD do. However, if he won't do the right thing then options are either to go through the law or to do something else to coerce him into not being a piece of human trash.

Police will take a report for anything, even civil matters, if pressed as many people use it as a means of record keeping (insurance companies need it for minor stuff, etc.). As it is free to do, it couldn't hurt.

My personal feeling on this is that some folks in the area should hunt him down and help him come to Jesus...

Trust me, the police do not have to take a report, and can actually deny to take one if they feel there isn't a violation. Of course, it depends on the agency or department policy as well, and state law.

Basically, if the police can't find a law that's been broken, or its not covered under something they are required to report, they can and sometimes will decline to take a report. I've seen this happen often, but usually if you persist or call a supervisor, they will do it just so you'll leave them alone.

(I may or may not work in L.E. :thumbup:)
 
I would like to know
    1. What date did you ship the cue?
    2. How many times have you tried to reach him by phone prior to your post here?
    3. Did you ship the cue with signature required upon receipt?
    4. Did you ship the cue with insurance?
 
seems a bit out of order to shout "stolen cue" because you shipped it the wrong address. Did he tell you that he wouldn't return it? what indicates to you he plans on keeping it. just the fact he hasn't called you back yet?
just seems premature to throw that out there. if a cue mysteriously showed up at my door out the blue and i was asked to return it i would, but if the person who sent it to me accidentally and then yelled thief before hearing from me... id get pretty upset. and that person may not hear back from me right away either.
 
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I would like to know
    1. What date did you ship the cue?
    2. How many times have you tried to reach him by phone prior to your post here?
    3. Did you ship the cue with signature required upon receipt?
    4. Did you ship the cue with insurance?


Jeez dude, don't be getting all intelligent and shit. Don't let foundational facts get in the way of a good thread!

The nerve... :eek:
 
If you report it to the police(doubt they will get involved)and they investigate....he will be reminded he is falsifying and police report. That gets serious.
 
It's my job to go pick up the cue. It his moral choice to ship it back. If he would of sent the cue on to the owner I would of made his day. Either way I was building a second cue. Now that he won't man up I'll offer the extra cue to anybody that helps get the cue back. I'm not saying go to his door. People have contacted me offering this service. If you know Barry you can help. It takes a small man to look his friends in the eye and lie. Don't deal with this thief. He buys and sells around this forum.

Remember his name. Barry Stewart the thief. I might have his name spelled wrong. Somebody give me his AZ screen name.


I haven't worked in months. My wife who had a double lung transplant is showing signs of rejection. I haven't been able to concentrate in the shop so I shut down. Now I'm back and this is what I get to deal with.
 
It's my job to go pick up the cue. It his moral choice to ship it back. If he would of sent the cue on to the owner I would of made his day. Either way I was building a second cue. Now that he won't man up I'll offer the extra cue to anybody that helps get the cue back. I'm not saying go to his door. People have contacted me offering this service. If you know Barry you can help. It takes a small man to look his friends in the eye and lie. Don't deal with this thief. He buys and sells around this forum.

Remember his name. Barry Stewart the thief. I might have his name spelled wrong. Somebody give me his AZ screen name.


I haven't worked in months. My wife who had a double lung transplant is showing signs of rejection. I haven't been able to concentrate in the shop so I shut down. Now I'm back and this is what I get to deal with.

Sorry to hear about your wife.

Did you see my questions?
 
Really sorry this mistake happened to you Scott. It's a shame that our society is basically circling the toilet and people can't just do the right thing. Instead, too much energy is spent justifying piss-poor behavior.

Sent from my HTC One V using Tapatalk 2
 
I would like to know
    1. What date did you ship the cue?
    2. How many times have you tried to reach him by phone prior to your post here?
    3. Did you ship the cue with signature required upon receipt?
    4. Did you ship the cue with insurance?

Yes it was shipped properly. He was contacted by Dusty before the cue arrived. He was given my contact info. After 2 days of no contact and pictures of the cue sent (box was opened) to Dusty I was given his phone number. He told Dusty he was keeping the cue. He told Dusty he sold it already. He will not answer my calls. I in no way was rude or rushing. I just wanted to talk to him. If he would of talked to me he would of realized he was going to be rewarded if the cue was forwarded to the owner.

I feel I gave a fair amount of time. I doubt he sold the cue already. I need this situation public before the cue changes hands.
 
crappy situation.

Would it be an option to contact a P.I. and inquire about how much it would cost to get a knock on the door, a business card with your shipping info on it and a statement that the cue erroneously shipped to and rec'd by him was expectedt to be returned within x days or you may pursue further actions available to you, up to and including criminal charges?

Prob cost a few hundred...but we use P.I.s at my work occasionally and they are usually pretty darn effective and getting things moving.

Get a video shot of the exchange too, if you go that way. Unlikely thatthe individual will sign anything confirming the exchange happened.
 
The definition of theft in Alabama is as follows:

Section 13A-8-2
Theft of property - Definition.
A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

(Acts 1977, No. 607, p. 812, §3201; Act 2003-355, §1; Act 2004-297, p. 449, §1.)

I would say that subsection 1 of the Alabama Code is directly on point here. I can't imagine other states not having similar definitions of theft. The cue is stolen. Report it to the police.
 
VJ06204167US is the postal tracking number. He sent pictures of the cue to Dusty and those were forwarded to me. He was told before the box arrived. The box should of never been opened. That's all the proof I have. Legally nothing can be done.

I will not let this go. I will look him in the eyes and ask to make this good.

Who knows his AZ screen name? This is a guy you don't want to deal with.


Your tracking/insurance number is missing a digit. The one you have listed is not valid.
Did you mail it addressed to Barry? Using Barry's address?
If so, the USPS will not get involved. As far as we are concerned it would be delivered to correct address and individual.
 
Any man worth his salt would return the cue to its rightful owner. You are a scumbag if you take/accept/keep someone else's cue under false pretenses. He didn't order the cue so when he received the cue-clearly sent from Gracio Cues-he should reach out to Gracio Cues to return it to its rightful owner.

The Pool Players code of honor should read like this.....Don't F&%# with or steal another pool players wife-kids or pool cue.
 
I think I found correct number...VJ062041067US

Signed by a B Stewart...anyhoo, it was delivered yesterday!
You may be jumping the gun on this a bit? Give the guy a chance to do something, only 1 day has passed. Sheesh!!
 
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