Legal advice
thedpro
Posts: 170
For those that have not read on whats going on... here is the link Scammer
I have been in touch with him via emails and calling his work number (he won't pick up his regular phone). Now he is threatening me with a restraining order because I am "harassing" him. I have made no threats at all, other then that I would go to the law if he did not send my money or card. The Grand Rapids police department wants nothing to do with my situation when I call. He claims that he has gone to the PO to try and track and item that did not have DC or insurance and they are "working on it." He also claims that he has witnesses to verify the item was sent.
My questions are, is there any merit to him getting a restraining order from me to stop asking for my money back AND/OR am I at any risk for legal consquences if I continue to contact him.
I have been in touch with him via emails and calling his work number (he won't pick up his regular phone). Now he is threatening me with a restraining order because I am "harassing" him. I have made no threats at all, other then that I would go to the law if he did not send my money or card. The Grand Rapids police department wants nothing to do with my situation when I call. He claims that he has gone to the PO to try and track and item that did not have DC or insurance and they are "working on it." He also claims that he has witnesses to verify the item was sent.
My questions are, is there any merit to him getting a restraining order from me to stop asking for my money back AND/OR am I at any risk for legal consquences if I continue to contact him.
0
Comments
It is NOT appropriate to post any person's "personal contact
information" on a "public" bb. Such tactics substantially
weaken your position in this matter.
Trying to collect money owed is not "harassment." Calling
a person's third-party workplace and telling his boss or
his co-workers that he has scammed you, is a VERY risky
game to play.
Since the instant seller has apparently sold/attempted to
sell the same card "more than once," I am surprised that
the GR police were not "interested."
eBay can be contacted by telephone during business hours
and they will outline the steps you need to take to apply
for some relief from them.
storm
but go to your local court and see if you can file a small claim against him. You MAY be able to do so. A friend I worked with did this to an ebayer that sold him some piece of junk and refused to refund him....and he lived out of state. When the dust settled, he obviously did not appear for his court date and a lien was about to be placed on him.
(I'll admit I don't know much about civil stuff....)
He ended up paying my friend, who returned the item. This was all over 100.00 or so. It cost the guy 100.00 plus the subpoena fees, filing fees, etc....
Did you attempt to file a complaint with either or both of your PO's?
I've been in touch with the guy who bought the same card (actually the cert numbers in the auction were different). He didn't get his card either.
I haven't told his boss about the situation so that is not something that they could claim.
I called ebay and they bascially told me that I could file a claim and go to the police.
Its amazing. This guy will most likely end up with my money and I have nothing to show for it and he has no legal consequences. I wonder how often this happens on ebay.
If you're polite to him you might get good results. You might get ignored, but if you're lucky he has a record already, and they might be anxious to catch up with him.
Edit: Oops, guess this won't work.
win the case and then they can garnish his wages
<< <i>I don't know where you live or if you have any attorney friends .....
but go to your local court and see if you can file a small claim against him. You MAY be able to do so. A friend I worked with did this to an ebayer that sold him some piece of junk and refused to refund him....and he lived out of state. When the dust settled, he obviously did not appear for his court date and a lien was about to be placed on him.
(I'll admit I don't know much about civil stuff....)
He ended up paying my friend, who returned the item. This was all over 100.00 or so. It cost the guy 100.00 plus the subpoena fees, filing fees, etc....
Did you attempt to file a complaint with either or both of your PO's? >>
I like how he attempted to turn the tables on you by saying that you are harassing him (NOT). As far as I'm concerned, it is the sellers responsibility to get the item delivered to the buyer. In most cases the seller hires either the USPS, UPS, or fedex, but the overall responsibility falls on the shoulders of the seller. Let him do all the tracking and tracing he wants. However, he should have refunded your money after it was obvious that the package was missing. Most sellers use common sense and make inusrance manditory for their protection.
I hope it works out for you. keep us/me updated.
Rich
<< <i>For those that have not read on whats going on... here is the link Scammer
I have been in touch with him via emails and calling his work number (he won't pick up his regular phone). Now he is threatening me with a restraining order because I am "harassing" him. I have made no threats at all, other then that I would go to the law if he did not send my money or card. The Grand Rapids police department wants nothing to do with my situation when I call. He claims that he has gone to the PO to try and track and item that did not have DC or insurance and they are "working on it." He also claims that he has witnesses to verify the item was sent.
My questions are, is there any merit to him getting a restraining order from me to stop asking for my money back AND/OR am I at any risk for legal consquences if I continue to contact him.
For those that are interested, his name is Kealoha Rossiter. He works at The Cellular Connection in Jennison 616-667-4068. >>
Grand Rapids: Just tell the police he does not go to church or hates DeVos and you may get a better reation.
I am still amazed that the burden of proof is on me, when this thief has my money. Simply amazing.
Call up all of his Jordan auctions and save the pages to your hard drive for future reference.
This guy never had any of the cards. He stole the pictures for his auctions. You may be able to find the same cert. numbers from past real Jordan auctions. Contact those sellers to see if he bought the card from them. I doubt it.
Did you look up the cert. numbers on PSA? He may have actually forged the flip if he indeed has the card. I again doubt it.
You're going to have to do your own detective work to build a case on this guy. If you can do it and add your own experience then someone may be willing to prosecute.
Failing that. Since you know he works at a cell store, show up, throw your phone at him as a distraction...then hit him with the bat.
Item Title Item Number Bids Sold Price
1986-87 Fleer #57 Michael Jordan Rookie Card RC PSA 9 8816976978 10 1 $886.54
Grease (2002, DVD) 9120649672 0 1 $3.99
The Crow (2002, DVD) 9120670073 0 1 $9.99
The Who...Tommy L.P. 4888852941 3 1 $20.00
Like NEW! Motorola Razr V3C from Verizon V-CAST 9736422249 26 1 $227.50
External 16x DVD Burner DVD±RW USB 2.0 8826349943 6 1 $41.01
Sony Cyber-shot DSC-W1 5.1MP Digital Camera w/ 3x Zoom 7626926124 5 1 $133.72
1986-87 Fleer #57 Michael Jordan Rookie Card RC PSA 9 8826397562 21 1 $1,000.00
Total Sales Last 30-days: $2,322.75
Check out that telephone sale.
Who in their right mind wouldn't pay extra for insurance when sending a check??? You're only protecting yourself....
As for him proving he sent it.....YOU did nothing to ensure that he would get extra services...he doesn't have to prove anything...
I know it stinks to high heaven.... even if he kept a postal receipt with your zipcode on it...that doesn't mean he mailed a package to you....
Bottom line is..you're not getting any answers because you're partly to blame...and in the courts he will win....
And if it goes further...it's going to cost you more in fees for a lawyer and emotional stress than it's worth...
If you've been duped twice that bad...you may want to revise your buying habits..
It stinks that there's so many scammers out there...and most get away with it...we all have to extra precautious when buying things....but honestly the scammers take advantage of the less informed people.
As for a restraining order....if you're calling him at work and all...he may have a case....again..not fair....but then again the US Court System is rarely fair...they threw common sense out a long time ago!!
It still may show who knows...you said it's been a week...maybe he did mail it.....if not....I feel for you....but you did nothing to protect yourself!!
Not quite.
The seller is obligated to get the item to the buyer regardless if insurance is purchased or not.
Steve
This is why as a seller I make insurance manditory and as a buyer I rarely buy it if it isn't manditory.
Rich
No seller would intentionally mail such a package without buying
insurance. That alone gives the lie to the seller's tale.
Insurance is designed to protect the seller from losses;
eBay "policies" have managed to convince a lot of
folks that insurance is there to protect buyers.
Once cleared payment is received, the burden shifts to
the seller to deliver the item. eBay cannot enforce that
concpet because it would unravel their "only a venue"
defense. PayPal has to enforce that concept because
the entire banking and credit-extension world recognizes
its validity. Thus, two different sets of policies from a
pair of companies that is REALLY ONLY one company.
The buyer likely has more than enough here to prevail
in small claims. Two Plaintiffs, both have proof they
paid. Defendant cannot prove he delivered. Who do you
suspect the judge would believe?
The only advantage the buyers would have had here
if they had "bought insurance" is that the USPS would
look into the thing more efficiently. Even if the buyers
had bought insurance, it is possible that the seller would
have claimed he "forgot to insure the item." That claim
would result in the same impass that we have now, as
far as eBay's ability to "help" the buyers.
The buyers made foolish mistakes. It is NOT ok to steal
from foolish and ignorant people.
The buyers should contact a lawyer in the seller's town.
If the lawyer can figure out how to get the claim above
small-claims limits - using the fraud elements - he can file
in regular claims court. It will cost a lot of money to bring
and maintain this case; when the buyers win, they will
still have to enforce the judgment and that will cost
money as well.
If I was the buyer, I would spend whatever it took to
send the message that eBay scammers can be nailed.
storm
Call his work and fax everything to his supervisor and informed them they have a crook working for them.
If the lawyer can figure out how to get the claim above
small-claims limits
They will not garnish his wages most states have laws that only allw three reasons for wages to be garnished and a small claims judgement is not one of them.. In small claims you could get a judgement and put a lein on his home, but if he rents that does nothing.
Most police departments view these things as a civil matter and will not et involved unless the dollar amount is high enough. My local PO is 1,000.00, some are 500.00 and some will look into all of them.
Call his work and fax everything to his supervisor and informed them they have a crook working for them.
That could end up getting you in more trouble and could give him a good slander/libel lawsuit aginst you.n It is actually illegal in most states for you to even be calling his work especially if he has told you not to call him there.
The sad truth is the scammer has not been convicted of anything so right now it is a he said she said fight.
On a website for SIDS:
Kealoha C. Rossiter
Referred by: Net Search
From: Grand Rapids Michigan
Time: 1998-04-24 10:30:17
Comments: Our grandson died 20 days after his birth. He was perfect in every way. He died instantly and we did not know for nearly two hours. We are heartbroken.
(Sad story, but you can prove a history of lying as his grandmother obviously died a long time ago).
His average score in the Grand Rapids Bowling League:
Rossiter, Kealoha C 163 90 ZZ696
Apparently he's single and likes to cuddle:
http://wouldyouhitthis.com/users.php?id=175991
And this is what he looks like:
Pic
Hope this helps.
Lee
http://legislature.mi.gov/(10yafw2ibo04xsaa3xvbxmmv)/mileg.aspx?page=getObject&objectName=mcl-600-6023
It details some of the garnishment exemptions in Michigan.
Other stuff recited on that site indicates:
You can get his paycheck; his bank accounts; his paid-for automobile/boat.
You can lien his real property, but you cannot foreclose the lien; if
he sells the real property, your lien will be satisfied at closing.
The judgment is good for 10-years, and can be renewed in ten-year increments.
I wish every inexperienced buyer would read these "horror threads," BEFORE
they spend their money on scambay. I have read these boards for a very long
time, and it seems like the threads usually only "help" folks AFTER they have been
stolen from. Too bad there is not a way to get buyers the info "they need before
they REALLY need it."
Such is life.
storm
Wrong!
The seller should have gotten insurance. The seller could have been smart and made insurance manditory which makes the buyer pay for it, but it boils down to the seller being responsible for delivering the goods. In this case....he obviously failed! I hope the buyer is able to hang this seller out to dry!
Rich
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One of the problems with that solution is that, in this case,
"maybe" the seller would not have used the buyer's "extra
money" to buy the insurance. The buyer would then be in
the exact same situation that he is in now.
If a seller does not plan to mail the item in the first place,
giving him more money for insurance is kind of redundant.
Common sense sort of tells us that the item was never mailed;
because no sane/responsible seller would mail a $900.00
item without insurance.
storm
I bought from a college student scammer once. One time he used campus e-mail. I talked to campus police who gave my local police chief's #. When I e-mailed seller on knowing who he was and that the campus police ( who had no power or juristication) and the township police chief would be contacting him if I didn't get my refund immediately he couldn't fire off a money order to me fast enough. Funny thing is he send MO and the attatched( tracking) receipt. I was tempted to cash the MO and then e-mail him and want to know when he was going to send my refund. I didn't...but I wanted to.
1977 Topps Star Wars - "Space Swashbucklers"
What country do you live in???
2-3 yrs?
Where is that at?? When you go to stop Payment on the check they will tell you they will not be responsible if the check has already been cashed, and it is on the form you sign.
<< <i>Put a stop payment on the personal check. You have 2 or 3 years to do this. chaz
Where is that at?? When you go to stop Payment on the check they will tell you they will not be responsible if the check has already been cashed, and it is on the form you sign. >>
I was told this by a Commerce Bank supervisor. Commerce bank is all over the country. chaz
your bank. You can contest forgeries and stolen checks
long after that, but once your bank has "cleared" the
funds on a lawfully issued check, payment will not be
"reversed/stopped."
storm
ps - i'm half-kidding/ no need to tell me violence is wrong.
but, it would feel good wouldn't it?
ALSO - HIS FAVORITE TV SHOWS ARE THE WONDER YEARS AND THE O.C.
This alone is enough to show me he intended to hose you all along. i bet he is currently spending your $1000 along with the other guy's $1000 on the best marijuana the islands have to offer and probably laughing at you as he lies on the beach smoking it. those are rightfully YOUR premium hawaiian buds he's smoking. You can not let him get away with this. I for one am outraged.
1. Scumbag sellers.
2. Buyers who don't protect themselves.
These two ingredients, when combined, are highly combustible. Don't try this at home.
"All evil needs to triumph is for good men to do nothing."
1. Scumbag sellers.
2. Buyers who don't protect themselves."
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By the time the "complaints" reach this board, we are pretty
much locked-in to dealing with category #1.
I have no idea how to "educate" a mass-market on the risks
of "not protecting themselves." Telling the buyers that they
should have known better is always tempting, but as we all
know, it really does no good after the fact.
Threads like this one have continued to appear for the years
that I have been reading the CU boards. Such threads have
"protected" a few folks, if they read them b4 they get shafted,
but obviously there is an endless supply of new folks that
remain un-protected until they learn from "experience."
Since scambay refuses to fix the problems, I am at a loss as
to how to do any better than we are doing.
storm
This page was created by a guy that got ripped off on eBay when he bought a laptop. The guy sold him a bum laptop.. but forgot to erase his data off the hard drive.
the broken laptop i sold on ebay
web pages are cheap these days...
just a thought.
Good luck
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<< <i>i for one wish i had spent A LOT more time here on these boards learning what to do and more importantly what not to do, BEFORE i started buying cards on ebay.. i look back on some of my early bonehead purchases and just scratch my head and think wow that was incredibly dumb. Every mistake we see being discussed, or most of them anyway, i have probably already made in some way, and it doesn't sound like i'm the only one.. these boards are a wealth of information and anyone from the newest noobie to master vintage collectors with single cards worth more than our cars, is wise to ask and learn as much as they can, IMO. >>
Well said
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If you do NOT look at the "broken laptop link" above,
you WILL be missing a hoooooooooooooot.
(Adults Only, Please.)
storm