Need Advice- but maybe it's been to long

Mickey71

This is a very strange situation. I sent a money order to Jim Elder cards of Odessa, Florida in 1991 while just getting back to Germany from Desert Storm. The money order was for $400 for a 1969 Reggie rookie. I waited months and nothing happened. After about 4 months the USPS issued me a replacement money order because the original had come up as lost. So I cashed the 400 M.O. and went about my business. About 1 year later when I was stationed at Fort Lewis, WA I received a letter for an outstanding balance that was in the latter stages of collections for about $700 by this time. It was because the original money order had been cashed. The collection agency could not contact me because of moving in the military. They were prepared to take legal action against me. I went to an attorney on post and he sent Jim Elder an official letter of what was going on. Jim never responded and the lawyer never could even locate him. So to make a long story short- I paid the bill for over $700 and definately no Reggie rookie. The other day I noticed that he sells on ebay- I almost died. What should I do. Thanks in advance for the advice. Everyone needs to understand that I am not accusing this person of anything. I was just pissed that he never responded to anything. Maybe Jim the Postal Guy could respond as to why the USPS did not put a stop payment on the original M.O. before issuing a new money order-can they even put a stop payment? Did the USPS make an error in procedure and I paid dearly for it. The soldiers run the USPS on post where I was in Kirchgoens Germany(the ROCK).
Mickey71

Stone193

Mickey

I can't answer about the PO part - but were you in Europe at the time of the MO being lost and stuff?

If so - the Soldiers and Sailors Act protects you from being charged penalties during that time - since you are not in position to do anything about it.

What this would do is decrease the debt IMO but I'm not sure on this.

Just a thought - BTW - I'm retired Army.

mike

WinPitcher

Wow! How did it go from 400.00 to 700.00?

Interest and penaltys?

I'd email the guy and expalin the situation.


What else can you do?


Steve

WinPitcher

Mike

yes he said he was in Germany. If that helps?

Steve

storm888

You had a good defense, and a good case against the
guy that burned you.

Sadly, you waited more than 15-years to bring this
matter to our attention.

You could, of course, ask the seller to "solve the
problem," but he is not under any legal obligation
to do so. I am pretty sure he will be of no help.

Sorry.

Mickey71

I actually did not wait 15 years. I went to an attorney right away when I got the letter in the late stages of collections. He sent a formal letter and no one could find this seller. It would have been very damaging to my credit so I paid it. The collection agency left me no choice. I was stuck between a rock and a hard place. I was just wondering if anyone had any helpful advice.
Mickey71

storm888

You can try asking the seller to remedy your loss.

Maybe he found "religion," in the past 15-years.

I suspect folks who read this thread will not be
anxious to do business with the guy. Justice-Lite.

Leiascards

You caould have actually fought it from the get go and not had to pay the 700 at all. Since the MO was stopped by the USPS it is the bank that cashed its problem not yours. What happened is the guys bank or someone elses bank cashed it and allowed the person to have the money when they were unable to collect from the person who deposited they came after you.

I had a similar thing happen a couple of years ago from a job I left, I thought I had collected all my money due. They sent me a check for 425.00 which was for a weeks vacation I was owed. I never got this check, but when I got my W-2 I noticed the discrepency so I called them and come to find out that check had been stolen and cashed at a local check cashing place. When we researched it we contacted the bank it was drwan on they had me sign a forgery affadavit and withdrew the money from the check cashing business' account. About a year later I got a summons from the check cashing place trying to sue me for the money they were out. They lost when we went to court.

After 15 years there is nothing the SOL is only around 2 years for this type of thing.

BigDaddyBowman

I just recently bought a card off of Jim Elder..no problems with him.

DeutscherGeist

I know this might be past the statute of limitations, but it still does not make Mickey whole. It is not his fault that it dragged on so long. He immediately went to a lawyer--he did what he could do. Criminals or dishonest people should not be left off the hook just because of a time expiration. This means that if people can drag something out, they can get away with it. Oh nice.

I don't think there are any limitations when it comes to murder or fraud. Maybe Jim can advise on how to proceed by contacting the postmaster or something. Since you located the seller, try contacting him too, he may have wanted to send you the card, but had trouble finding you too. He may have mailed it, but it got lost. You will know what kind of guy he is. Perhaps he will help you file a claim with the post office. I don't know all the details of your story to advise better.

You did the right thing by paying the collection agency off when you had the chance. Rebuilding credit is difficult. That's a headache you didn't need. So, is your credit OK now?

Leiascards

It would have been just as easy to get it removed from his credit report without paying it as paying it.

15 years the USPS will not do anything neither will any court in this country the SOL is only 2-5 years at the most. Alot of fraudsters operate by dragging out the claim. There are lots of fraudlent sellers on Ebay who will try to keep you from filing a Paypal claim until after it is too late to file there.

You can try contacting him, but if he says he will do nothing there is no further rememedy. It may be he could not contact you and might do something to alleviate the issue but he is under no legal obligation to do so.

Just looked it up SOL for securities fraud, wire and mail fraud is 5 years