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 Post subject: Re: advice
PostPosted: Fri Feb 10, 2017 8:34 pm 
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Koa
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Location: Durango CO
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itswednesday14 wrote:
I went to the dentist this morning and he said $5,000 just for the bottom teeth so Ill have to check out the attorney general idea. That sounds like it has potential but I dont think "people" small claims would work as I live in California and hes in Ohio or some such. Just the cost of going there would eat up whatever I got from the court decision.
I do wish that the members here could function as a jury of some sort, all write him letters but that isnt what my intent was for posting. Ive emailed, sent regular mail letters, PMd through here, called several times. I thought he might have died but as he just recently posted on this forum I think hes just ignoring me cause he knows he can get away with it.




The very point of the legal system is to elevate disputes above, "he said, she said" or rounding up a posse and heading out. It may be a frustrating and imperfect system, but once you need a third party it's still probably the best.

I would exhaust every direct contact option before bringing in a third party, but document all communication going forward from here.
I think sending him a copy of a clear, non confrontational letter he has to sign for would be my next step. It would at least convey how serious you take it without incurring legal fee's yet.


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 Post subject: Re: advice
PostPosted: Fri Feb 10, 2017 9:59 pm 
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Joined: Mon Aug 23, 2010 11:42 pm
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First name: John
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I like Dennis's idea of working with him even if it is a payment plan. Do you know if he got the guitar back in good condition or at least got the guitar back. Does he have a business facebook page you can message him?

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 Post subject: Re: advice
PostPosted: Sat Feb 11, 2017 1:29 pm 
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Koa
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Again I suggest that you get this off the internet -- type/say the wrong thing and you could have the tables turned. Actually I would not be surprised if Lance pulls this thread.

http://www.alllaw.com/articles/nolo/civ ... ernet.html

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These users thanked the author kencierp for the post: Hesh (Sun Feb 12, 2017 7:31 am)
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 Post subject: Re: advice
PostPosted: Sat Feb 11, 2017 1:50 pm 
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Brazilian Rosewood
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"Do you know if he got the guitar back in good condition or at least got the guitar back"

"The very point of the legal system is to elevate disputes above, "he said, she said" "

"Again I suggest that you get this off the internet -- type/say the wrong thing and you could have the tables turned. Actually I would not be surprised if Lance pulls this thread."

Ken brings up a very good point. Without solid documentation, some of which might be hard to come by, publishing a defamatory statement might cost you more than the price of the guitar. I'm sure the situation is very frustrating for you, and if the person is truly a crook you may not have much recourse. A lawyer might be able to tell you what your options are, but your wife may have given you the best advice so far. Unfortunate situation. Best of luck!


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 Post subject: Re: advice
PostPosted: Sat Feb 11, 2017 6:12 pm 
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Cocobolo
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Location: Graton, California
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I would send a letter of demand by registered mail.

It should probibly start with " This is to be considered a letter of demand prior to filing a lawsuit"
Then go on to state what you are demanding. Then see what happens. If that doesn't work. You may have to make a date in small claims in the state in which the sale took place.

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 Post subject: Re: advice
PostPosted: Sat Feb 11, 2017 6:30 pm 
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I did offer an installment but no reply. Finally I sent an email asking to send the guitar back. Id fix the problems and sell it at a loss to at least get some money out of it. But he wont be a man and tell me what the situation is and how he can fulfill his obligation.
Anyway before I completely gave up I thought Id ask on the forum. Thank you all for your ideas. I just cant see anyway to get him to respond to me.


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 Post subject: Re: advice
PostPosted: Sat Feb 11, 2017 11:55 pm 
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I've intentionally not responded, but this is a legitimate small claims issue. In small claims you're not expected to be savvy and the judge will probe the issues by questioning both of you and reaching a decision.


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 Post subject: Re: advice
PostPosted: Sun Feb 12, 2017 1:38 am 
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Assuming you don't have the guitar or a refund, and you have given him an opportunity to remedy the situation, I would file a small claims court action here in California. It will cost you a filling and serving fee. Probably around $100.

Be sure to keep all paperwork including correspondence such as a copy of letters and emails, and dates of each, and a reciept for return postage. Good Luck

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Last edited by Joe Beaver on Thu Feb 16, 2017 1:18 am, edited 1 time in total.

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 Post subject: Re: advice
PostPosted: Sun Feb 12, 2017 5:30 am 
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itswednesday14 wrote:
......... I do wish that the members here could function as a jury of some sort, all write him letters .............

I dont think that is really the purpose of this forum?

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The name catgut is confusing. There are two explanations for the mix up.

Catgut is an abbreviation of the word cattle gut. Gut strings are made from sheep or goat intestines, in the past even from horse, mule or donkey intestines.

Otherwise it could be from the word kitgut or kitstring. Kit meant fiddle, not kitten.



These users thanked the author Colin North for the post: Hesh (Sun Feb 12, 2017 8:23 am)
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 Post subject: Re: advice
PostPosted: Sun Feb 12, 2017 7:42 am 
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Old Growth Brazilian Rosewood
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This does not belong here and the rules explicitly indicate that the OLF is not a forum to resolve disputes with vendors of any sort (including other members...).

We don't come here on a Sunday morning to read about two people who's deal went south..... Now that you have also indicated that you are posting this with the hope of some kind of community pressure being brought to bear this thread should be deleted and should have never been started.

It's also a good thing for you that you have not named this person yet. If you don't understand why consult an attorney..... John Smith..........

I've been wanting to say this for three days now but this morning my IBS got the best of me....:)

Truth be told and this is why.... this should not be posted on the forum.... you are not blameless here either.... When you contract for something from an inexperienced source what they hell to think might happen? You also contracted for something that I call "futures" with no examples of their work to personally evaluate over time prior either.....

Now you are here with the intent of pressuring and threatening someone else even if tacitly and that just plain sucks. What sucks the worse about it is that you are oblivious to the well being of others here who may not come here to hear about YOUR poor judgement....

Now do you see why these matters don't belong here???? Some nasty old fart like me may find you culpable as well and let you have it. Sheesh...... :roll: :? [headinwall]

Anyone see SNL last night? :D

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These users thanked the author Hesh for the post: Clinchriver (Sun Feb 12, 2017 9:05 am)
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 Post subject: Re: advice
PostPosted: Sun Feb 12, 2017 10:05 am 
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Missed SNL last night, Hesh. I was at a friend's sampling a bottle of Arran single malt, instead! :D

Alex

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These users thanked the author Alex Kleon for the post: Hesh (Sun Feb 12, 2017 10:26 am)
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 Post subject: Re: advice
PostPosted: Sun Feb 12, 2017 4:57 pm 
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I was not asking for the forum to intercede in this matter. I was asking for ideas from people that are knowledgeable and more experienced in guitar agreements before I quit trying. Im sorry if I have offended anyone and I will desist. I am encouraged by the possibility of filing in CA and the letter of demand ideas which will pursue. Thank you all for your willingness to help.


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 Post subject: Re: advice
PostPosted: Sun Feb 12, 2017 8:15 pm 
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Brazilian Rosewood
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Joined: Sun Mar 30, 2008 8:20 am
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I don't think most of us were offended and your posts explained your situation in a polite fashion. We are for the most part amateur luthiers (not lawyers - with a few exceptions) so our advice is bound to be only as good as the average man on the street.
That your difficulties arose from dealing with a member of the forum is unfortunate, in that it reflects unfairly on the rest of us. It is important to remember that forums such as this one are primarily used to exchange information about building, not buying musical instruments. There is no "extreme vetting" and participants from around the world are welcome, regardless of their abilities and to some extent their (unknown) moral fiber.


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