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-   -   need some help getting money back (https://www.racingjunk.com/forums/showthread.php?t=26285)

thejdge 11-08-2009 07:16 PM

need some help getting money back
 
Ok guys here is what i got going on. Almost 3 years ago, I bought a DANA 60 rearend from Lanny Blankenship from Hasting MI. Paid by western union (i know not smart) had talked to him on the phone a few times. seemed ok. Paid for shipping. After about 3 months of excuses he stopped answering my calls. Never heard anything again for about a year. i saw his sceen name with an add posted. Contacted him and he said he wasw sorry that he had lost my info and i was more than welcome to come pick it up. I told him that i had paid for shipping for a reason as i was unable to pick it up. I filled out the paperwork with the feds. they didnt do anything. i used my local p.d. they called and talked to him and he said he would send the money. and never did. the local p.d. said since it was out of state they could do no more
any suggestions on the next step. he now does not answer any phone calls. and the last message i sent he played dumb
thanks

Tod74 11-08-2009 07:33 PM

WTF? 3 YEARS LATER you are doing something? After he stopped answering calls the first time is when you should have done something....now if the actions you mentioned with the feds and the local PD were taken 3 years ago when he first ripped you off, then I apologize. If you are just now doing something then I'd say don't hold your breathe. I think the Statute of Limitations on theft is 5 years here in Indiana....not sure what the laws are regarding this...but I think you are screwed.

Where's SCORP???

lano 11-08-2009 08:45 PM

Re: need some help getting money back
 
I think he is asking for some helpfull advice......Not Scorning :roll: :roll:


===============================================

Originally Posted by thejdge
Ok guys here is what i got going on. Almost 3 years ago, I bought a DANA 60 rearend from Lanny Blankenship from Hasting MI. Paid by western union (i know not smart) had talked to him on the phone a few times. seemed ok. Paid for shipping. After about 3 months of excuses he stopped answering my calls. Never heard anything again for about a year. i saw his sceen name with an add posted. Contacted him and he said he wasw sorry that he had lost my info and i was more than welcome to come pick it up. I told him that i had paid for shipping for a reason as i was unable to pick it up. I filled out the paperwork with the feds. they didnt do anything. i used my local p.d. they called and talked to him and he said he would send the money. and never did. the local p.d. said since it was out of state they could do no more
any suggestions on the next step. he now does not answer any phone calls. and the last message i sent he played dumb
thanks

===============================================

DON'T LET HIM STEAL YOUR MONEY. :x :evil:

Call the P.D. in Hasting, MI. and see if they will put some heat on him.
He stole your money and I would hope the P.D. there would take that
very seriously and try to help you recover your money.

WE ALL GOT TO STICK TOGETHER and HELP FIGHT THESE GODDAM SCAMMERS !!!!!!!!!!!

DirkaDirka 11-08-2009 09:26 PM

How much did you pay for this product?? I believe if it is over 500 it is considered a Felony not a Misdemeaner.

Scorpion1110 11-09-2009 04:43 AM

Re: need some help getting money back
 

Originally Posted by thejdge
Ok guys here is what i got going on. Almost 3 years ago, I bought a DANA 60 rearend from Lanny Blankenship from Hasting MI. Paid by western union (i know not smart) had talked to him on the phone a few times. seemed ok. Paid for shipping. After about 3 months of excuses he stopped answering my calls. Never heard anything again for about a year. i saw his sceen name with an add posted. Contacted him and he said he wasw sorry that he had lost my info and i was more than welcome to come pick it up. I told him that i had paid for shipping for a reason as i was unable to pick it up. I filled out the paperwork with the feds. they didnt do anything. i used my local p.d. they called and talked to him and he said he would send the money. and never did. the local p.d. said since it was out of state they could do no more
any suggestions on the next step. he now does not answer any phone calls. and the last message i sent he played dumb
thanks

Jackpot.

Contact MI Attorney General. There is documented case law in State of Michigan that if you do business via the internet that you are considered a business and suable in the plaintiff's home state. Why? because if you are selling goods, you are at a minimum a sole proprietorship (lets assume you are reporting taxes properly), and a business can be sued in a State in which it does business. MI recognized this approach.

Therefore, contact the AG state of MI and let them know that you have a dispute with a local business and give them the info- Then file suit in your state using the MI state case law for support- If they recognize one of their own residents as a business doing business in your state, then you should be able to sue in your homes state.

Now the kicker is finding the statute- I did when I was reviewing case law to beat a Private Injury Attorney (and scammer no less) into the ground on a fraud issue. Yes he caved-because he got caught and I suggested I was going to contact his local Bar on ethics issues :)

You are going to need a web search- or get someone who knows MI state law- hopefully they havent repealed or adjusted the statute.

I think this path would work, and make sure you copy the defendant- tends to upset their bowels quite a bit.

At least its a start with a reasonable chance of success.

best of luck,

Scorp

Tod74 11-09-2009 08:57 AM

Re: need some help getting money back
 

Originally Posted by lano
I think he is asking for some helpfull advice......Not Scorning :roll: :roll:


===============================================

Originally Posted by thejdge
Ok guys here is what i got going on. Almost 3 years ago, I bought a DANA 60 rearend from Lanny Blankenship from Hasting MI. Paid by western union (i know not smart) had talked to him on the phone a few times. seemed ok. Paid for shipping. After about 3 months of excuses he stopped answering my calls. Never heard anything again for about a year. i saw his sceen name with an add posted. Contacted him and he said he wasw sorry that he had lost my info and i was more than welcome to come pick it up. I told him that i had paid for shipping for a reason as i was unable to pick it up. I filled out the paperwork with the feds. they didnt do anything. i used my local p.d. they called and talked to him and he said he would send the money. and never did. the local p.d. said since it was out of state they could do no more
any suggestions on the next step. he now does not answer any phone calls. and the last message i sent he played dumb
thanks

===============================================

DON'T LET HIM STEAL YOUR MONEY. :x :evil:

Call the P.D. in Hasting, MI. and see if they will put some heat on him.
He stole your money and I would hope the P.D. there would take that
very seriously and try to help you recover your money.

WE ALL GOT TO STICK TOGETHER and HELP FIGHT THESE GODDAM SCAMMERS !!!!!!!!!!!

I wasn't scorning him...I was saying it might be too late. :roll:

Here is some helpful advice.

DON'T WAIT THREE YEARS TO DO SOMETHING ABOUT IT.

BEAST477 11-10-2009 03:41 PM

I'm from Michigan and just talked to a friend who is a State Trooper here, they said to get in touch with the Hastings PD or the State police in Hastings tell them everything that happened and I hope you have some proof of all this. Reciepts or emails etc. They will help.

bjuice 11-10-2009 04:21 PM

im with Tod 3 yrs ain't looking Good.....if it hasn't been important enough to you up until now...why Now ??......No Scorning going on just asking a legitimate Question.

hollowayshotrods 11-10-2009 05:02 PM

x3

Originally Posted by bjuice
im with Tod 3 yrs ain't looking Good.....if it hasn't been important enough to you up until now...why Now ??......No Scorning going on just asking a legitimate Question.


thejdge 11-12-2009 04:25 PM

ok guys, thanks for the input
and sorry for being a bad author
i did not wait for 3 years to do anything
i called my local pd and the internet crime division of the feds on month four
i have bugged the hell out of both of them and it took until now for them to tell me to go else where
i called the MI states attorneys office and he gave me the run down on the procedures
Good to go on the time
so it's game on again. and this time i got the right answers, not some small town PD that puts it on the back burner
thanks again guys


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