How do you go about suing a cue builder? Just want to get my cue back.

Cuemaster98

Cuemaster98

AzB Silver Member
Silver Member
I had my cue send in to a cue builder for a pin repairs and it's been almost 3 years now. I have pics and text confirmation of him receiving the cue and also had several conversation over the phone on delivery time line, all this was prior to the covid pandemic. I've been trying to reach the builder for over 1 year now and he hasn't responded to my calls or email. The cue value is under 3K and I'm wondering if it worth it to pursue legal action. I'm thinking of first creating a police report in his state for the stolen item and then take legal action via small claim court. Anyone had any successful experience with trying to get their cue back from the cue builder through legal action? Is it even worth the time and effort?

I'm thinking of also flying down to his shop and just surprised him to pick it up. At this point, I'm sure he hasn't fix the pin issue so all I'm asking for is my cue back and I'll have the pin fix elsewhere. This has been one of the worst experience that I had with any cue builder over the last 25 years plus that I've been around this industry. It's just a shame how one of the best recognized name in our cue world conduct his business this way and I'm sure am not the only one that had this experience.

Thanks,
Duc.
 
T

terpdad

Registered
I think you're on the right track. File a police report & sue in small claims court. I doubt he's registered w/ the Better Business Bureau, but be sure to check & file a complaint there. You've been respectful in this text. You may consider letting the cue maker know you're going to out him & his behavior on this board. Another thought since you mention you sent the cue pre-pandemic- the guy may be dead.
 
B

bbb

AzB Gold Member
Gold Member
Silver Member
if you go to his shop
you get your cue or find out he sold it or whatever
or you find he is out of business and has relocated with no forwarding address
 
mikemosconi

mikemosconi

AzB Silver Member
Silver Member
After all of your prior efforts- it is time to let all of us here know who the identity of the cue maker who is screwing you- no reason to hide it any longer. If they have a defense, they can present it here. Looks like you are in NYC- where is the cue maker located?


A plane trip will be of no value, you cannot confront them beyond a conversation, if even that, without risking a much bigger problem that is not worth the price of any cue. Here in Fl. you cannot forcibly enter someone's home to collect anything owed to you without the risk of being shot with the home owner being completely vindicated under stand your ground laws.

My gut would also tell me to fly to his shop, as this sounds like a guy who is still in business, but my wiser, older self tells me that it could end up being a very bad decision. You have done enough- now just let the world know ( easy to do now) who this culprit is and what he may do to others who give him cues for repair.

Believe me, there was a time when I would be the first guy to get in someone's face - be wise- times have changed - not worth your time, money, or risk to fly to his location.

---Older and I hope, wiser
 
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P

PracticeChampion

Well-known member
Police report and attorney is the smartest route. He has no real defense so file suit for the value of cue and cost of attorney and can add some grief in there too. When guys like him have to start paying 4-5k for what coulda been done in a few hours they'll either stop taking in the work or get the job done in a timely manner.

Getting in someone's pocket always changes there mind
 
GoldCrown

GoldCrown

AzB Gold Member
Gold Member
Silver Member
Send the person an inflated value bill for how much you think it’s worth with a 5 day dead line to pay or return the cue. Go right to court after that. Also contact state attorney to start a file … Maybe there’s a lot of people in the same position. Regardless do everything legal to get your property back
 
G

garczar

AzB Silver Member
Silver Member
Cuemaster98 said:
I had my cue send in to a cue builder for a pin repairs and it's been almost 3 years now. I have pics and text confirmation of him receiving the cue and also had several conversation over the phone on delivery time line, all this was prior to the covid pandemic. I've been trying to reach the builder for over 1 year now and he hasn't responded to my calls or email. The cue value is under 3K and I'm wondering if it worth it to pursue legal action. I'm thinking of first creating a police report in his state for the stolen item and then take legal action via small claim court. Anyone had any successful experience with trying to get their cue back from the cue builder through legal action? Is it even worth the time and effort?

I'm thinking of also flying down to his shop and just surprised him to pick it up. At this point, I'm sure he hasn't fix the pin issue so all I'm asking for is my cue back and I'll have the pin fix elsewhere. This has been one of the worst experience that I had with any cue builder over the last 25 years plus that I've been around this industry. It's just a shame how one of the best recognized name in our cue world conduct his business this way and I'm sure am not the only one that had this experience.

Thanks,
Duc.
Click to expand...
show up at his door with a cop. end of story.
 
P

PracticeChampion

Well-known member
GoldCrown said:
Send the person an inflated value bill for how much you think it’s worth with a 5 day dead line to pay or return the cue. Go right to court after that. Also contact state attorney to start a file … Maybe there’s a lot of people in the same position. Regardless do everything legal to get your property back
Click to expand...
Absolutely... Someone said earlier to just "write it off". Hell with that there's no lessons learned from doing that. I've been in and seen fights over $5-10 bets not being paid, I'd be damned if I let someone steal my cue LoL.

Having used attorneys before the price isn't too bad to get started. I'd bet you could get it in court for a few hundred but if the guy wants to fight it then the price starts going up quick but that's why people sue for attorney fees. Odds are though once he's served the papers you'll get a completed cue returned for free in hopes you'll stop the case
 
C

Clusterbuster

AzB Silver Member
Silver Member
The other day I responded to a similar post regarding a cue purchase. This same kind of complaint is, unfortunately, not uncommon on this site. Permit me to make basically the same point here as I did the other day. I’m a criminal defense lawyer of nearly forty years experience and have handled hundreds of theft and fraud cases. I’d like to address, from a lawyer’s perspective, the all too common issue of a seller not sending a purchased cue, not returning a deposit, keeping a cue that was sent in (as here), etc. I’m not as experienced on the civil side, but I have a clue and I’m not trying to advise anyone on a specific case; just making some general observations from forty years in the legal system.

While various legal approaches to the “where is my cue” disputes are possible they will usually fail as practical matter. Could criminal charges be pursued? Yes, but individual citizens don’t ultimately press criminal charges. Although many are under the impression that they can “press charges” or “take out a warrant” against someone who has victimized them, what the individual actually does is fill out a sworn affidavit containing the facts which they feel constitute a crime. A prosecutor then reviews it and decides whether to pursue the matter. The prosecutor has complete discretion on whether to pursue a charge or not. Most cue transaction-type issues as seen on this site constitute, a low level property offense, usually a misdemeanor. As a practical matter, most prosecutors are not going to undertake the prosecution of a case that to them, not to you, is a low-level, multi-jurisdiction property offense. They would either have to seek the extradition of an out-of-state defendant (seller, repairer, etc.) into the customer’s state or, if they were in the seller/repairer’s state, fly in the customer as a witness. In neither instance will they do it on a property offense involving only a few hundred dollars. It will look to the prosecutor like a contract dispute and he will most likely tell the aggrieved party to pursue civil remedies. Extraditions and flying in out-of-state witnesses on misdemeanors or low-level felonies are almost unheard of.

On the civil side, these type issues are, at their root, a contract dispute. An attorney will not get involved on a contingency basis so he can take a third or forty percent of a judgement in the hundreds or low thousands of dollars and the plaintiff is probably not going to want to pay an attorney three or four hundred dollars an hour on a straight fee basis. Bottom line, the plaintiff will end up having to represent himself and will soon be swimming in a procedural maze involving multiple jurisdictions. A lay person would be hard pressed to figure out how to appropriately get service on an out -of-state party, much less how to execute on an out-of-state judgment if they were fortunate enough to get one. Even if a plaintiff got a judgment, it would be virtually worthless unless he wanted to spend more money than the amount of the judgment. Are there ways to theoretically make this work? Yes. Are they worth the money, and maybe more importantly, the time to bring them to a successful conclusion. Most likely not.

Unless a cue dispute involves thousands of dollars or the seller or repair person is in the same state as the customer, there are unfortunately no practical ways to get relief through the court systems.
 
MrKnives

MrKnives

Member
I’d try the small claims thing. If he works out of his house and doesn’t answer the door that seems to be a lot of trouble and wasted hope.
 
muskyed

muskyed

AzB Silver Member
Silver Member
If you go to his shop to surprise him and pick up your cue, you might find out the reason for the delay is that he actually did start to work on your cue and had problems and possibly ruined it and doesn't know how to tell you.
 
buckshotshoey

buckshotshoey

AzB Silver Member
Silver Member
You could pay a minimal fee for a lawyer consultation and have him help you send a registered letter to the builder stated something like this...

"You have 30 days from the receipt of this letter to relinquish ny property or legal action will be forthcoming."

That would likely get results without spending as much money as some suggestions above.

Dont want to piss in your cornflakes, but what if the dude died, and everything was auctioned off? Good luck with that scenario.

If all else fails, then there is always Judge Judy!
 
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Korsakoff

Korsakoff

AzB Gold Member
Gold Member
Silver Member
Get your lawyer to send a Demand Letter. State the circumstances and the desired resolution. They will send certified mail, but it's always a good idea to send via email, also.

By law, you have to give them 60 days before you can file suit. They will inform him in the letter that if it goes to trial and he loses, he can be liable for treble damages (3x the original requested resolution).

If he doesn't respond, then file suit to include recovery of attorney's fees.
 
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