What would you do? - Fraudulent Table Sale
- Thread starter Sporto
- Start date
Depends on the state you're in...... in some states both people in a conversation have to be aware of the recording, some states only require one of the parties to have knowledge.
http://www.rcfp.org/taping/
http://www.rcfp.org/taping/
Sorry, Johnny, I live in one of those states where it is ok to record someone without their knowledge, so I thought it was a law all over. As I was researching this (after your HUH?) MMWTDH also responded with an answer. Here's what I was going to respond with:mmwtdh said:
Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. Thirty-eight states and the District of Columbia have followed federal law and permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it.
Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Be aware that you will sometimes hear these referred to inaccurately as ?two-party consent? laws. If there are more than two people involved in the conversation, all must consent to the taping. The more accurate term is "all-party consent."
I started to wonder if I paid cash or wrote a check so I looked thru my checkbook register and low and behold I wasn't as stupid as I thought I was. I did write a check for the entire purchase amount. I have requested a copy of that check from my bank.
If anyone knows how the internals of an internet search engine such as Google works, I would like to know how to best post information containing a given text string that will result in a search hit.
Also, if anyone knows somebody at the IRS or a lawyer, preferrably a fellow pool player that can relate to what has happened here, that would like to become involved. Please PM me.
If I can't work out a deal with this guy in these final stages, then you can believe I will post his name, business name, address, email and phone number so that others can at least be warned.
I want to thank each of you that has replied, I sincerely appreciate your comments, advice and suggestions.
If anyone knows how the internals of an internet search engine such as Google works, I would like to know how to best post information containing a given text string that will result in a search hit.
Also, if anyone knows somebody at the IRS or a lawyer, preferrably a fellow pool player that can relate to what has happened here, that would like to become involved. Please PM me.
If I can't work out a deal with this guy in these final stages, then you can believe I will post his name, business name, address, email and phone number so that others can at least be warned.
I want to thank each of you that has replied, I sincerely appreciate your comments, advice and suggestions.
Not necessarily true
Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)
At least 24 states have laws outlawing certain uses of hidden cameras in private places, although many of the laws are specifically limited to attempts to record nudity. Also, many of the statutes concern unattended hidden cameras, not cameras hidden on a person engaged in a conversation. Journalists should be aware, however, that the audio portion of a videotape will be treated under the regular wiretapping laws in any state. And regardless of whether a state has a criminal law regarding cameras, undercover recording in a private place can prompt civil lawsuits for invasion of privacy.Johnnyt said:
Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it. (Nevada also has a one-party consent statute, but the state Supreme Court has interpreted it as an all-party rule.)
get a lawyer
drumming up business?
A good lawyer will get your money back and then charge you $2,000 for the service.maxeypad2007 said:
Sport,
I agree with Danny. SMALL CLAIMS COURT is made to order for you in this situation. Bring as much documentation as you can to court. He will probably bring nothing. Get a letter from the table mechanic stating that it is definitely not a Brunswick Gold Crown table. If he will come to court with you, even better (buy him lunch).
Bring a copy of the check and photos of the table (one or two are good). When you get in court, testify accurately and concisely. Tell your story in a straightforward manner. Do not exaggerate or get emotional. He will probably admit that he thought it was a Gold Crown and told you it was. I doubt he will lie about that. He may say the table he sold you is just as valuable.
Maybe your table mechanic can state the value of your knock-off table in his letter. You can then either sue for the balance or difference in price. Or you can sue for a full refund. Of course he will have to come and pick up the table. When you get a judgement there are a variety of ways to collect, including a "till tap" where a marshall goes in and takes the money right out of his register at work.
You can also attach any assets he owns. He would literally have to move away to avoid paying. Is he willing to relocate to another city to avoid paying you a couple of thousand? Doubtful.
I bet if you sue him, he may be willing to settle with you. He may offer you some difference in price to settle. Perhaps $1,000 is a fair settlement and you keep the table. Then you can sell it or keep it.
Good luck!
I agree with Danny. SMALL CLAIMS COURT is made to order for you in this situation. Bring as much documentation as you can to court. He will probably bring nothing. Get a letter from the table mechanic stating that it is definitely not a Brunswick Gold Crown table. If he will come to court with you, even better (buy him lunch).
Bring a copy of the check and photos of the table (one or two are good). When you get in court, testify accurately and concisely. Tell your story in a straightforward manner. Do not exaggerate or get emotional. He will probably admit that he thought it was a Gold Crown and told you it was. I doubt he will lie about that. He may say the table he sold you is just as valuable.
Maybe your table mechanic can state the value of your knock-off table in his letter. You can then either sue for the balance or difference in price. Or you can sue for a full refund. Of course he will have to come and pick up the table. When you get a judgement there are a variety of ways to collect, including a "till tap" where a marshall goes in and takes the money right out of his register at work.
You can also attach any assets he owns. He would literally have to move away to avoid paying. Is he willing to relocate to another city to avoid paying you a couple of thousand? Doubtful.
I bet if you sue him, he may be willing to settle with you. He may offer you some difference in price to settle. Perhaps $1,000 is a fair settlement and you keep the table. Then you can sell it or keep it.
Good luck!
In your first post you state you paid cash...now you have a check...Sporto said:
I believe Caveat Emptor applies in this case.
'Just forget about it'....I wish I could, when someone you think you know takes advantage of your trusting nature it doesn't go away very easily...guess you have to have been there. I am thankful that this was ony a small dollar transaction and not something signifcant. I hope by reading about my experience other buyer's become more aware.
I have consulted with an attorney. As of now, this is headed to Reconciliation Court where I will receive a bit of professional 'coaching'. It simply isn't economially feasible to fight it out in a real court room. I will post back on how this unfolds.
If anyone knows about Internet Search Engines..shoot me a PM.
I have consulted with an attorney. As of now, this is headed to Reconciliation Court where I will receive a bit of professional 'coaching'. It simply isn't economially feasible to fight it out in a real court room. I will post back on how this unfolds.
If anyone knows about Internet Search Engines..shoot me a PM.
Ah...carry on then...Sporto said:
Try a Small Claims Court action, as you only have Filing & Service fees too loose...
Sporto said:
Not that familiar with USA cheques or their memo fields but how on earth would obtaining from the bank a copy of a cheque made out to 'cash' which you yourself 'cashed' possibly have even the remotest legal significance in the context of proving when and how much you paid this guy?
Presumably you can write anything you like in a memo field and it won't affect your drawing of the cash or when and how you then spend that cash?
It's probably moot anyway as apparently he isn't denying he that he got paid by you for the table.