Offer up, clue 1
What Recourse Do I have?
- Thread starter PhilosopherKing
- Start date
What he said, what are you doing sendin $ to someone on 'offer up' cross country. You see a deal, drive and go look and then pay and take cues home. Or PP as G&S only.
Good luck king
Nyquil
Well-known member
I am slowing way down on pool purchases so no big deal for me if they don't want to accept goods and services. Moving forward I wanna buy most of cues from a place like pool dawg. I want to try their 60 day guarantee. Would have saved me some coin.
How about telling everyone about the cues your hoping to get for $300. It might just be the reason for all of your problems.Could it be a Southwest and a Black Boar for instance??
What I am pointing out is, if these cues are worth a lot more than the $300 then maybe you and he should consider renegotiating the deal..
So how about sharing a description of these cues??
The problem is he’s a lowlife.
He set an asking price, and I sent him just under 3x what he was asking.
I created my own problem by having a conscience.
Not wanting to leave money on the table doesn’t justify stealing my $300.
If he doesn’t want to sell, he returns the money.
Well I get your point seller set price at 300. You paid his price, and expected him to honor deal.
People where I live buy what sellers think is junk at garage sale, or estate sales.
Some people know its not junk, has value, they buy and flip on eBay.
It was a c-series McDermott and a jump cue that he was calling a McDermott.
So what did you n project to be in black?
Many “C” Series?
McDermott C-Series | Retired Pool Cues | Collector Pool Cues | McDermott Cues
McDermott Pool Cues manufactures and distributes handcrafted pool cues, high-performance shafts, pool cue cases, billiard balls and quality billiard and pool cue accessories.
www.mcdermottcue.com
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That’s besides the point, sorry.
His name is Michael R Carrasco
If you have his phone number contact your postmaster. He will contact the local postmaster or call himself. He will allow them a week to make it right. Then he has arrest warrants issued. There is more than one federal law involved here. You will need his number.
That simple. I have done this myself. They hear
one week or jail and things magically appear.
Nick
That simple. I have done this myself. They hear
one week or jail and things magically appear.
Nick
Yes, I have his phone number. Thank you.If you have his phone number contact your postmaster. He will contact the local postmaster or call himself. He will allow them a week to make it right. Then he has arrest warrants issued. There is more than one federal law involved here. You will need his number.
That simple. I have done this myself. They hear
one week or jail and things magically appear.
Nick
I have been a criminal defense lawyer for nearly forty years and handled hundreds of theft and fraud cases so this is an area (unlike my pool skills) where I have some expertise. I have been reading this same basic complaint for years on this forum. Though many have discussed what legal recourse is available, I have yet to see an actual lawyer weigh in. Let me fill that void. To anyone who wishes, just cut and paste the link to this comment in response to anyone who posts a story about being ripped off in a cue deal. Better, make it a sticky. It’s the same situation over and over.
I am not advising the OP or anyone else what to do but there are several general considerations in play. There is a difference in what is technically possible and what, as a practical matter, can be accomplished. Someone in the OP’s position has lost $300 in a deal for pool cues. In many states, this doesn’t rise to a felony level. It is a misdemeanor. Two state prosecutors are potentially involved: the one in the buyer’s state and the one is the seller’s state. The buyer’s state prosecutor would have to get a warrant from a judge and then seek the arrest and extradition of the seller to the buyer’s state. Is this technically possible? Yes. In real life, do prosecutors extradite over a $300 misdemeanor? Virtually unheard of. Next, the prosecutor in the seller’s state could consider fraud charges on his end. For a probable misdemeanor, he would likewise have to get a fraud warrant issued in his jurisdiction and then fly the buyer into the jurisdiction and put him up for at least one, probably two nights with meals, maybe more then once. Could he do this? Yes. In real life, will he? Almost surely, no. In either jurisdiction, a $300 offense could be a felony, but fewer and fewer jurisdictions have felony limits that low. Even if it was a felony, the calculus doesn’t really change from either prosecutor’s perspective. The public cost is just not worth it to them in dollars or time. Finally, the feds could get involved, through postal inspectors and then Federal prosecutors. Same issue. For $300 the odds of them getting involved are almost zero. All prosecutors, state or Federal, have discretion in whether to take a case, even if it technically has merit. They can decline to prosecute for any or no reason. One recognized basis for not prosecuting a case is expense versus the gravity of the offense. Prosecutors can characterize a case, even if it has merit, as trivial, and decline prosecution. That doesn’t mean trivial from your perspective, but from their perspective. This notion that the buyer can just “press charges” on a misdemeanor or low-level property offense and the seller will be locked up verges on fantasy. From all the prosecutors, the most the buyer would in all probability get is a polite form letter saying their office has carefully reviewed the information provided and would advise him to seek recourse in civil courts. As a practical matter, few prosecutors would be interested in getting involved in this kind of case unless it involved thousands of dollars. Even then they would want to see an airtight case and would prefer to see multiple instances instead of a solitary, disgruntled buyer. Alternatively, buyers can consider, as some have suggested, civil courts. This would fall into small claims in most areas. Even at that there would be a filing fee ($25 to $100, depending on jurisdiction). Buyer will then have to appear in civil court in a jurisdiction on the other side of the country, probably more than once, This would be a private cause of action and so he will have to foot his own bill to fly in and pay for room and board, again, probably more than once. He’ll also have to have a valid address on the seller as he will have to get him served, which could also be at seller’s expense. In real life, in this situation, the courts may be a theoretical avenue for relief but, they are just not practical for a multi-jurisdiction, low-level property offense.
I assume the “stalk him to his workplace and beat the shit out of him” responses are not serious but, just in case, suffice it to say that picking up your own felony assault charge is not wise cost/benefit analysis.
I don’t defend this system but, like it or not, it is the system In which we all live. To most all of the aggrieved cue buyers, unless your fraudulent seller is in your jurisdiction or at least nearby, and/or substantial money is involved, you are, as a practical matter, out of luck.
I am not advising the OP or anyone else what to do but there are several general considerations in play. There is a difference in what is technically possible and what, as a practical matter, can be accomplished. Someone in the OP’s position has lost $300 in a deal for pool cues. In many states, this doesn’t rise to a felony level. It is a misdemeanor. Two state prosecutors are potentially involved: the one in the buyer’s state and the one is the seller’s state. The buyer’s state prosecutor would have to get a warrant from a judge and then seek the arrest and extradition of the seller to the buyer’s state. Is this technically possible? Yes. In real life, do prosecutors extradite over a $300 misdemeanor? Virtually unheard of. Next, the prosecutor in the seller’s state could consider fraud charges on his end. For a probable misdemeanor, he would likewise have to get a fraud warrant issued in his jurisdiction and then fly the buyer into the jurisdiction and put him up for at least one, probably two nights with meals, maybe more then once. Could he do this? Yes. In real life, will he? Almost surely, no. In either jurisdiction, a $300 offense could be a felony, but fewer and fewer jurisdictions have felony limits that low. Even if it was a felony, the calculus doesn’t really change from either prosecutor’s perspective. The public cost is just not worth it to them in dollars or time. Finally, the feds could get involved, through postal inspectors and then Federal prosecutors. Same issue. For $300 the odds of them getting involved are almost zero. All prosecutors, state or Federal, have discretion in whether to take a case, even if it technically has merit. They can decline to prosecute for any or no reason. One recognized basis for not prosecuting a case is expense versus the gravity of the offense. Prosecutors can characterize a case, even if it has merit, as trivial, and decline prosecution. That doesn’t mean trivial from your perspective, but from their perspective. This notion that the buyer can just “press charges” on a misdemeanor or low-level property offense and the seller will be locked up verges on fantasy. From all the prosecutors, the most the buyer would in all probability get is a polite form letter saying their office has carefully reviewed the information provided and would advise him to seek recourse in civil courts. As a practical matter, few prosecutors would be interested in getting involved in this kind of case unless it involved thousands of dollars. Even then they would want to see an airtight case and would prefer to see multiple instances instead of a solitary, disgruntled buyer. Alternatively, buyers can consider, as some have suggested, civil courts. This would fall into small claims in most areas. Even at that there would be a filing fee ($25 to $100, depending on jurisdiction). Buyer will then have to appear in civil court in a jurisdiction on the other side of the country, probably more than once, This would be a private cause of action and so he will have to foot his own bill to fly in and pay for room and board, again, probably more than once. He’ll also have to have a valid address on the seller as he will have to get him served, which could also be at seller’s expense. In real life, in this situation, the courts may be a theoretical avenue for relief but, they are just not practical for a multi-jurisdiction, low-level property offense.
I assume the “stalk him to his workplace and beat the shit out of him” responses are not serious but, just in case, suffice it to say that picking up your own felony assault charge is not wise cost/benefit analysis.
I don’t defend this system but, like it or not, it is the system In which we all live. To most all of the aggrieved cue buyers, unless your fraudulent seller is in your jurisdiction or at least nearby, and/or substantial money is involved, you are, as a practical matter, out of luck.
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So what did you n project to be in black?
Many “C” Series?
McDermott C-Series | Retired Pool Cues | Collector Pool Cues | McDermott Cues
McDermott Pool Cues manufactures and distributes handcrafted pool cues, high-performance shafts, pool cue cases, billiard balls and quality billiard and pool cue accessories.
Go away
Moral to the story, know who you’re dealing with beforehand and don’t do business with unknown broke jokes or known scammers. Nothing is too good of a deal to lose your money over by rushing into something with someone you do not know at all.
Think the one area that our lawyer friend did not address is even if you got small claim judgement.
Many people do not pay the judgement. Then it back to same small claim court, to get writ of execution.
Then you have to have it served by court officer where the guy banks know account number, or place of employment.
If they do not take all money to satisfy judgement, back to court again for another paper. All takes time & money.
Many people do not pay the judgement. Then it back to same small claim court, to get writ of execution.
Then you have to have it served by court officer where the guy banks know account number, or place of employment.
If they do not take all money to satisfy judgement, back to court again for another paper. All takes time & money.