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Joined: Jan 2002
Posts: 7,698 Likes: 99
Sidelock
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Sidelock
Joined: Jan 2002
Posts: 7,698 Likes: 99 |
Oh, plaintiff files suit cost of proving his case is on him. There are rare exceptions to this. Wasn't ignoring your very pertinent question, just missed it in my reply...Geo
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Joined: Feb 2008
Posts: 11,313 Likes: 378
Sidelock
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Sidelock
Joined: Feb 2008
Posts: 11,313 Likes: 378 |
Geo, thanks again for the pro bono legal advice. I just find it troubling to think that we may have a legal system designed to allow cheats and shysters to flourish simply because they live in another state. I don't know how Mr. Lowe paid for this item, but as has been noted, I have been told it is a good idea to pay with a U.S. Postal Money Order because the Postal Inspector will become involved in a mail fraud case. I told you what I did over potentially losing $40. I can't imagine walking away from $3500.00 and just calling it a life lesson.
I agree with what you said about the bluff technique. It would be stupid to get caught. But somehow getting even, or better yet, getting even with interest, dividends, and substantial penalties is extremely satisfying. There is more than one way to skin a cat.
A true sign of mental illness is any gun owner who would vote for an Anti-Gunner like Joe Biden.
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Joined: Mar 2002
Posts: 7,693 Likes: 450
Sidelock
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Sidelock
Joined: Mar 2002
Posts: 7,693 Likes: 450 |
Sounds like a challenge for Dewey Vicknair.
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Joined: Jun 2006
Posts: 2,966 Likes: 293
Sidelock
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Sidelock
Joined: Jun 2006
Posts: 2,966 Likes: 293 |
After reading this thread, can there be any wonder why most people consider gun peddlers to be lower than used car salesmen?
Anyone advocating giving in to this criminal idiot is guaranteeing future crimes will continue to be committed. Don't allow yourself to be a victim. Don't encourage others to be a victim.
If you give in, it is exactly what the low life wants. They make their money on your ignorance and excessive optimism, and they keep it based on your embarrassment. I have been successful in these kinds of matters using a selection of methods. I am not afraid to escalate to arrive at satisfaction.
Every peddler that is beat down, protects other people from becoming their future victims.
If you only want to use the courts, then line everything up before you drop the hammer. But this POS would certainly give in with just a visit.
He knows he committed a crime, you just need to make him understand the sherrif thinks so too.
Out there doing it best I can.
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Joined: Dec 2001
Posts: 6,264 Likes: 196
Sidelock
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Sidelock
Joined: Dec 2001
Posts: 6,264 Likes: 196 |
I think the ad in DGJ says "Usual Three Day Guarantee" I wonder how the buyer stands in that area.
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Joined: Nov 2005
Posts: 238
Sidelock
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OP
Sidelock
Joined: Nov 2005
Posts: 238 |
My attorney tells me that the crime was committed in Utah, so we have filed locally and the Seller will be served. The Seller has refused Certified letters from me. We will see if being served changes his attitude, if not we will continue to move forward. I will update as things progress.
BTW, We are fine on the return dates, but I would still be looking for a refund after 3+ days when the barrels are found to be fakes and not "ready to be set on a Flues model".
Last edited by Fred Lowe; 07/18/15 06:30 PM.
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Joined: Feb 2008
Posts: 11,313 Likes: 378
Sidelock
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Sidelock
Joined: Feb 2008
Posts: 11,313 Likes: 378 |
A true sign of mental illness is any gun owner who would vote for an Anti-Gunner like Joe Biden.
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Joined: Mar 2011
Posts: 4,076 Likes: 441
Sidelock
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Sidelock
Joined: Mar 2011
Posts: 4,076 Likes: 441 |
In order to overcome the expenses of travel for an expert witness to another state, either a video or "paper" deposition for use at trial can be used to provide testimony. The reason an affidavit is not admissible in a trial to establish facts is because the affiant is not subject to cross examination by the adverse party. Deposition testimony is subject to cross examination and is"in the can" and is not subject to starts and stops or unexpected continuances by either side as trials can be. Nothing worse is to show up with witnesses out of state and learn that someone is "sick". Of course, there are more expenses in taking a deposition, video or otherwise, but once it is done, it is done. If the seller has conducted business in your state previously, he may be subject to your state's "long arm" statute allowing the suit to be brought on your home turf. Emphasis on "may". All of this is fact intensive and dependent on your state's laws. I'm sure (sorta) that your lawyer has looked into this possibility. There are ways under the Civil Practice Act applicable in most states to shift the burden of all costs and expenses to the loser but they depend on the laws of the state where the case is tried. Not all courts in the same states share the same procedural laws under the Civil Practice Act. The small claims court in my state doesn't.
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Joined: Nov 2005
Posts: 238
Sidelock
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OP
Sidelock
Joined: Nov 2005
Posts: 238 |
I believe some of you are correct, that these are Sauer barrels. This is a side by side comparison of the barrels that I was sold, and a photo of a Sauer model 180, .410 that was on Julia's site. very similar
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