a guy is trying to screw me on my optics

Discussion in 'Optics & Mounts' started by Ultimate_sig, Sep 7, 2012.

  1. Ultimate_sig

    Ultimate_sig New Member

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    On a website i found an aimpoint pro it was almost at retail price but i figured i could buy diectly so i had him ship it. I sent him the money via western union and it was the agreed amount but now he saying he wants more money. He also said if i dnt send it he will call the sheriffs office, now my questipn is what do i do. Ive already sent him what we agreed and if i sent him more id be paying more than retail this doesnt seem right to me so what should i do
     
  2. mountainman13

    mountainman13 New Member

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    Do you have the product? If so, tell him to go screw. If he hasn't shipped yet, can you put a stop payment on it? Do not send more money period.
     

  3. silverado113

    silverado113 New Member

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    Is there any way to cancel it and take the money back? Never send money Western UNION a USPS money order gets the feds involved. I would call the police department that is local to him if you know where he is.
     
  4. PrimePorkchop

    PrimePorkchop New Member

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    First off - the Sheriff can't do a damn thing, he is seriously trying to scare you into more money... this is not a criminal matter, the police cannot and will not do a damn thing to you. If anything, he could take you to small claims court, but for him, that'd be a huge hassle...and if he tried, he'd have a hell of a time proving his story unless it's in a contract signed by both party's somewhere...in other words, anyone can sue anyone for anything. I could take you to court and claim that you owe me money...but we both know I don't...but I can STILL take you to court...see the difference? Don't let them scare you man, it's an old tactic mainly used by sleazy collection agencies.

    Did you already get the optic?
     
    Last edited: Sep 7, 2012
  5. silverado113

    silverado113 New Member

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    How is that my father in law got arrested for doing the exact same thing then?
     
  6. PrimePorkchop

    PrimePorkchop New Member

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    For doing what? Specificity will be required to illustrate the differences in a crime v.s. something for small claims court. There is no such thing as a debtors prison.

    If your father in law purchased something from a website, sent them money, got the item, and then they claimed he owed more money, but had no contract stating so, then he did not get arrested. At least, not for that.

    edit to add: Even if there was a contract, he's still not going to be arrested. He will be sued. If he does not respond to the summons to appear, he will not be sued, they will just win by default. If he continues to refuse to pay, and they sue him again for garnishments, THEN he is required to show up to court to assess his ability to pay by the judge, if he refuses to show up then, a bench warrant is issued for his arrest.

    But in that case, you're still not being arrested for owing someone money, you'll be arrested for not showing up to a required court appearance.
     
    Last edited: Sep 7, 2012
  7. silverado113

    silverado113 New Member

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    Sold something from his "business" website, received the money and sent nothing. I'll have to look up the charges but I believe it was a felony theft charge because it was over $1,000 and he pleaded and got probation.
     
  8. PrimePorkchop

    PrimePorkchop New Member

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    Oh, i see what you're saying, we were talking about two different things. :D

    Yes, your father in law can be arrested for that, that is scamming, and its' even worse when doing it across state lines (then the feds get involved!!) :)

    What I was telling the OP is that he, the OP, can't be arrested because the guy who sold him the item CLAIMS he didn't get the agreed upon amount.

    *IF* the OP already has the optic, then I would wash my hands of the seller, and tell him to piss off. You paid him, he shipped it, if he wanted more money, he should have waited to ship it.

    *IF* the OP has not gotten the Optic yet, then yes, absolutely call the sheriff where the guy lives.
     
  9. Ultimate_sig

    Ultimate_sig New Member

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    Yes all i have optic
     
  10. Ultimate_sig

    Ultimate_sig New Member

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    Yes it was a guy on armslist, im a little upset about it cause he sent me my mpthers name and adresz along with mine
     
  11. PrimePorkchop

    PrimePorkchop New Member

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    Then I would do nothing. You can't be arrested. You have done nothing wrong at all. This guy probably realized he sold it for less than he should have, but that's his fault. He got his money, mailed the optic, then demanded more money. No judge in the land would say otherwise.

    If it makes you feel better, don't take advice from a guy on the internet (me) just pay an attorney...but he literally is going to tell you the exact same thing.

    Even if you had not sent any money, as far as the law is concerned, he shipped you the item. It's his fault. Would it be morally wrong? Yes. But the law would say it's his fault, and in this case, the Sheriff could seriously not care less to get involved :)


    The only thing that would be counter to all of that is if you have a written agreement that says "ill send you the optic now, you pay me X dollars later" and you never paid the full amount of X

    If that's not the case, then ignore him, let him try to scare someone else with his threats of the sheriff.

    If he keeps harassing you, throw some fear tactics of your own tell him you're going to report him to the attorney general and the Federal Trade Commission

    Just quote to him sections 806 and 807 of the FDCPA.


    It's sort of a stretch to apply it to him, and not something like a collection agency, but he's probably too stupid to realize it. Fight fire with fire...and push come to shove, report him anyways...never know, FTC might just be itching for something to do.
     
  12. PrimePorkchop

    PrimePorkchop New Member

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    That sort of information is very easy to get, but at this point, he's straight up harrassing you. Refer to my last post and seriously report him.

    Call the sheriff nearest where he lives. Call the FTC - 1-877-382-4357

    and contact the Attorney General in the state he lives. (google search for the address/phone number)
     
  13. PrimePorkchop

    PrimePorkchop New Member

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    also, contact Armslist to make sure they're aware of the non-sense he's pulling. No reputable dealer wants people like that conducting business in their website.
     
    Last edited: Sep 7, 2012
  14. silverado113

    silverado113 New Member

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    Got it now, op got the optic though he's good sending nothing more as you said.
     
  15. Rarity

    Rarity New Member

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    You two didn't sign any papers, correct?

    If you two didn't, tell him to **** off. You sent him money via Western Union, that is it.

    The police will not get involved unless there was a legal signing between you two. He was stupid for sending the product first to begin with. All well.

    Unless you were really scamming :p lol
     
  16. PrimePorkchop

    PrimePorkchop New Member

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    Well technically speaking, they won't even get involved then. A broken contract is grounds for legal action in court, being sued, not for arrest =)

    There is no debtors prison. They'd get involved if he wrote a bad check, or paid with fake money though :D
     
  17. mountainman13

    mountainman13 New Member

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    I'd also suggest reporting him to the site and giving him a bad review if possible. People like him need to be shut down.
     
  18. drvsafe

    drvsafe New Member

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    Does your mom live with you? If so, there's an app for that...:) Very easy to pull a background check from your smartphone.

    I'm not familiar with armslist, is it like gunbroker or eBay? If so, then it sounds like you DIDN'T buy it thru their "system"? So contacting them won't do a thing. What are we talking about in terms of money? If there's a serious number we're talking about the worse HE can do it sue you in small claims court. If you're in the right , you're in the right. Don't sweat it. If the guy is physically threatening you that's another story. IMO, that you HAVE TO
    report to some authority. Other then that, he gonna call the Sheriff? Really and then what, is he gonna call Barney Fife?

    Barney fife: "Let's get this film down to the lab at Mrs. Mason's drugstore."
     
  19. silverado113

    silverado113 New Member

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    It is like Craigslist but just for guns.
     
  20. Ultimate_sig

    Ultimate_sig New Member

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    Thankyou very much knowledve is power and u just put the ball in my court thanks