PDA

View Full Version : Can you press criminal charges for an items not received??



CRAZY70MAN
08-27-2013, 05:52 AM
Just wondering??? Is it possible to press any criminal charges when you pay someone with a moneyorder and never receive the item? Anyone ever been down this route?? Any input welcome.

El Camexican
08-27-2013, 08:12 AM
In many jurisdictions the fraud has to be for over $1,000 before they will look into it and money orders are not a good way to pay people you don't know. I wish you luck, but I don't like your odds on getting anything back.

oldskool83
08-27-2013, 08:56 AM
No you can't. If you paid thru paypal you have to following the course of action. If you bought it thru craigslist and your out and then your out. Good luck and try to keep it cash in person.

bkm
08-27-2013, 09:12 AM
Its tough if there is alot of distance between both parties. Is it a stealing, yes, but will it go anywhere, probably not.

If I was investigating the case and you lived within my jurisdiction, you would need proof of payment, corespondence between both parties, ie. emails, forum posts, ect, along with all of the possible information of the suspect. I would then create an incident report and attempt to contact the suspect myself. 99% of the time this step goes nowhere. If I can't get a hold of the person I would notify the Police Agency where he lives. Now this is where the road blocks and dead ends will come from. Unless you get a PD willing to get off thier trailprotrailprotrailprotrailprotrailpro's, most are too small, too busy, or just don't give a damn. You might even get this from your own PD who really don't feel like helping.

Good luck. Test the waters at your local PD, but I've been in this business long enough to know you will probably get blown off by either your own PD, or the PD where the suspect lives.

As an investigator, I've even been given the run around and lack of cooperation from other PD's, so I feel your pain.

redsox
08-27-2013, 09:14 AM
its gonna be different depending on each jurisdiction. it could probably be done, but you'd need some legal help. in many places, anyone can swear out a criminal complaint, not just the police. its becomes problematic because the system is not set up to accommodate such citizen charges and there is red tape and multiple forms. in the long run, i'd bet you'd spend more trying to recoup your loss than your actual loss. your best bet is to determine if there are other victims from the same offender. if so, type up a letter to your states attorney general's office with the names of the people that got screwed. they're more likely to handle things like that than your local police. good luck.

bkm
08-27-2013, 09:14 AM
No you can't. If you paid thru paypal you have to following the course of action. If you bought it thru craigslist and your out and then your out. Good luck and try to keep it cash in person.This is not true. If you list an item for sale, then take $$ for said item without sending or giving the item to the paying customer, this is stealing. If I walk into McDonalds and hand them a $5 bill for a a Big Mac meal and the look at me an say sorry we're all out, but your not getting your money back. Am I just Sh!t out of luck, or did they steal my $5?

atc007
08-27-2013, 10:04 AM
Honestly Andy. The easiest thing to do is. Take care of it yourself. If you have his address,you can hopefully get,or have his phone #. Be relentless. Assuming this is a fairly small amount of $$. I hope.Sometimes it just becomes "worth it" to get his life back. Get a Gmail account if you're still paying for phone calls. You can call almost anywhere for free through Gmail. Call and call and call and call! That's if the PD doesn't take care of it for you. Good luck! Gotta LOVE scumbags don't we !!!

manbearpig
08-27-2013, 10:11 AM
This is not true. If you list an item for sale, then take $$ for said item without sending or giving the item to the paying customer, this is stealing. If I walk into McDonalds and hand them a $5 bill for a a Big Mac meal and the look at me an say sorry we're all out, but your not getting your money back. Am I just Sh!t out of luck, or did they steal my $5?

where can i get a $5 big mac deal? thats a bargain!!

sledcrazyinCT
08-27-2013, 10:18 AM
Well my opinion is if you sent the money order via US mail and it went over state lines then it is has become a federal offense. Still going to be an uphill battle getting a resolution via the cops or USPS, but you gotta give it a try.

Also I would enlist people on this forum who are local to the deadbeat seller to pay him a visit and tell him to hand over the goods you paid from and then have them ship the item to you.

On another forum a person from Alaska purchased a set of pipes for an old arctic cat EXT and the seller blew him off for about 5 months. He posted for help in the sellers local area and sure enough because it is such a small community into vintage sleds the seller was shocked when someone came in person to collect the pipes, he handed them right over so the guy in Alaska finally got his stuff just got screwed out of the shipping charges he paid initially.

good luck and hope it turns out right for you

bkm
08-27-2013, 10:28 AM
where can i get a $5 big mac deal? thats a bargain!!They were 4.99 for a regular around me, but its been a very long time since I have gotten one.

ATC-Eric
08-27-2013, 02:53 PM
Call the local sheriffs office/highway patrol around the person, tell them what your going through, and see if they will pay the guy a visit. Not necessarily to deliver charges, or to arrest them, more so just a scare tactic at the very least. I know someone who has done this, with success.

CRAZY70MAN
08-27-2013, 04:27 PM
Thanks for all the ideas. Sad to say it is a member on here....:cry: It was only 42.00. I have made every attempt..email,calls,pm's.........just looking to go to the next step.

redsox
08-27-2013, 04:50 PM
Thanks for all the ideas. Sad to say it is a member on here....:cry: It was only 42.00. I have made every attempt..email,calls,pm's.........just looking to go to the next step.

that is a bummer. do you have an address for the guy? in this situation, semantics are important. what you CAN do, what you SHOULD BE ABLE to do and what is THE BEST THING to do are all different. i will say that the legal system is not your friend here and could give an S less about your $42 bucks. no way i take a $42 dollar hit without making a stink though. who is this guy? out him! someone must know him? why keep him anonymous if he's screwing you? lets have a name!

kb0nly
08-27-2013, 05:49 PM
If its a bonafide USPS Postal Money Order purchased at a Post Office then you have some recourse, i have been down that road before. It can be filed as Mail Fraud, and theft by mail. It takes some paperwork, file a claim, etc. It took me about six months to get the money back, it was a money order for $100 but i got a refund on it.

Yeah i know Money Orders aren't the best option, but there is some people that just don't have PayPal and won't take a check or other means because they don't trust them from their end either. I have sent money orders to guys on forums before and no problems, and then one issue in all the years i had sent them off. So it happens, thats life unfortunately.

You still have the receipt portion of the money order? That is if it was a USPS Money Order, then you have the carbon copy. ALWAYS keep that until the item your paying for is in your hands. A lost money order in the mail can be claimed on for a refund as well, or if it never got cashed by the seller and you didnt get anything etc. Thats the first thing they do, check and see if its been cashed.

Also if its a USPS Money Order you can use this site to see if its been cashed.

https://mois.usps.com/pls/pmoisnp/mois_external_pkg.main

And then take the claims process from there. Been there done that!

Edit...

Missed the post that it was $42...

Still check and see if it was cashed, then if it was file a fraud claim. If its wasnt then file a refund claim.

Mr. Clean
08-27-2013, 05:54 PM
Thanks for all the ideas. Sad to say it is a member on here....:cry: It was only 42.00. I have made every attempt..email,calls,pm's.........just looking to go to the next step.

Need to expose the member so others do not get burned. Send fabiodriven the info so he can go thru his process before putting the member on the "list".

MRSOUND
08-27-2013, 06:41 PM
Need to expose the member so others do not get burned. Send fabiodriven the info so he can go thru his process before putting the member on the "list".
I agree with mr clean. I got no correspondence from a member I sent money (thankfully through PayPal) until Fabio chucked him on the deadbeat list. Other members may be able to contact or "visit" them about your deal and get some answers. Guy didn't try to contact me until after I filed a claim through PayPal. Tons of excuses for no contact or delivery of parts. I left PayPal take it's course and had my money refunded. Didn't stop this guy from screwing members on another sight but he is forever "tagged" on here. Please don't feel like a "rat" by outing the member. I went through Pm's to a couple of mods before I posted my dilemma in fear of being "hung out to dry" by the rest of the board members for tattling, but have no regrets now. Actually gives me a small piece of mind that I may have saved someone else from the same situation.

kb0nly
08-27-2013, 06:46 PM
Agreed... We do tend to oust the rotten apples on here. One reason why i enjoy this forum so much!!

Dirtcrasher
08-27-2013, 07:41 PM
YES YES YES!!!!!!!!!!!!!!!!!!!

That approach has worked well here. Sometimes the mods even state something in their profile.

I lose THOUSANDS and just cut the loss. Live, learn and try to make better choices. In my business these people can be very vindictive so I usually just tell them they are a POS, give a bad reference and try again....... I bet I have lost 100,000.00 in 2 years with these idiot tenants. I am constantly in court and I'm sick of it. People just DO NOT CARE; Society is at an all time low.

My best buds are from 3WW and Trikefest and I can trust them; everyone else has screwed me......

Howdy
08-27-2013, 09:12 PM
Andy, Post away and expose the member. I would have already done it myself.
Howdy

CRAZY70MAN
08-28-2013, 05:49 AM
Spaghetti is his board name. I just don't understand it?? He had good feedback? I sent many personal emails, got a phone number and called, and sent numerous pm's???? He replied weeks after finally and said he shipped the seat?? I asked for a tracking number.....?? Never got one. Never got the seat either.......No reply.....no correspondance at all since?? I like to give anyone the benefit of the doubt, but it seems like he just does not give a F@#$ I would hope he would resolve this rather than be blackballed on the forum.

redsox
08-28-2013, 07:35 AM
"Never go in against a Sicilian when death is on the line!" -Vizzini

redsox
09-03-2013, 09:01 PM
what happened with this? its been on the back of my mind? update?

fabiodriven
09-03-2013, 10:08 PM
No need to hold back Andy. I haven't been on lately but anyone can PM me at anytime and I will respond. I personally feel these people need to be exposed right off the bat. Strike while the iron is hot. The longer you wait, the more of a pain it's going to be. I know I'm late to the party, I apologize. I'll edit or delete this post if I've missed out on actions already taken.

Calling spaghetti. Here's your chance to speak your piece or forever hold it.

http://www.3wheelerworld.com/member.php/25987-spaghetti

I appreciate the accolades I've gotten for nabbing people in the past, but the truth is it's just me typing and making some phone calls. All the leg work is done by local members who can reach out and touch someone. I've gotten stuff back for other guys on here that were local to me, and there are plenty of members who are willing to do the same across the world. I do the talking, but behind the scenes on the biggest 3ww "busts" are other members feeding me info that they might just be nervous to share publicly. I don't see anything wrong with being tough on a member that doesn't follow through on their end of a deal.

CRAZY70MAN
09-04-2013, 05:36 AM
Thanks Fabio. You know I would give anyone the benefit of the doubt and go through any other channel possible before I ever would post one bad word on getting stiffed on parts. I just don't get it......how people just make these decisions not to send refunds, parts or communicate after they get the money???

plastikosmd
09-04-2013, 06:56 PM
I put a deposit on a boat once, we used cash, I cant remember the amount. Maybe 3k? Anyway..guy flaked out and stopped returning calls. We had additional info on him such as place of work etc. He was located in Mass. We contacted the local PD and got a great officer and explained what happened along with bill of sale/deposit etc. As the amount was over 500$ (I think that is the amount) and across a state line it turned into a big deal for him. Local PD went to his house and explained, either refund the money or sell the boat. He told the cop to talk to his lawyer. Cop told him, I don't have to talk to your lawyer, you have committed 3 felonies and in 24hrs he would be back to arrest him. I got my money. we sent the officer a nice care package

cochran
09-04-2013, 07:40 PM
Tips on how to avoid being scammed by......
http://www.3wheelerworld.com/showthread.php/147368-Tips-to-avoid-getting-scammed?p=1152909#post1152909

Frankencelery
09-04-2013, 07:57 PM
Tips on how to avoid being scammed by......
http://www.3wheelerworld.com/showthread.php/147368-Tips-to-avoid-getting-scammed?p=1152909#post1152909

Yeah, that's ironic....

I've only done business with a few members here, and only been ripped off once. Fortunately, I refused to send money via anything but PayPal, and I got my money back. But it was a battle here on the forums, and he came on and called me a liar, and people defended him at first. Nobody knows me, I've never been to Trikefest, so I suppose that's to be expected. Eventually, several other people came forward and said he had ripped them off too, so I felt like "my honor was restored". The member has not been on since. But I was peesed off at the time!

captainweezy
09-04-2013, 08:15 PM
Andy can you tell me where he lives? what town? I just realized he is from Illinois. If he is anywhere near me and I do get around, the captain would be happy pay a visit. Nothing wrong with a friendly visit. I know you would do the same. Let me know.

big specht
09-04-2013, 09:02 PM
ROAD TRIP I'M IN :naughty:

CRAZY70MAN
09-04-2013, 09:58 PM
Here ya go weezy,,,,,,, Patrick Pfeiffer
33404 kingston Rd.
Kingston, IL 60145

Specht....I know what ya mean...........:mad: I'm tellin ya........:mad::mad::mad:

big specht
09-05-2013, 10:27 PM
It will cost more in fuel than what he owes you BUT ITS THE POINT:beer

CRAZY70MAN
09-05-2013, 10:38 PM
It will cost more in fuel than what he owes you BUT ITS THE POINT:beer
You know it..............

captainweezy
09-05-2013, 11:58 PM
Ah snap! I was afraid he was going to be from the Chicago area. Looks like he is 2 hours from me. I'm planning a trip towards mid Missouri soon so I could pop in no problem. It's worth a stop.

atc300r
09-06-2013, 08:00 AM
I had this happen to me couple years ago. I bought a oem 300r piston from pintowagon77 .I dont know if hes a member here or not but I sent him a money order for $80 and he never sent the piston.When I got ahold of him after over a year threw another member and he swears he sent it. I didnt persue it.

CRAZY70MAN
09-06-2013, 04:56 PM
I had this happen to me couple years ago. I bought a oem 300r piston from pintowagon77 .I dont know if hes a member here or not but I sent him a money order for $80 and he never sent the piston.When I got ahold of him after over a year threw another member and he swears he sent it. I didnt persue it.

Ya.......looks like that what will happen here........

redsox
09-07-2013, 12:32 PM
in a situation like that, "i swear i sent it", you need to go by the "one lie rule." that means, where there is one lie, there are more. if there was no call back and no contact after you notified him about not receiving your parts, and then you get "i swear i sent it" only after you put him on the spot in person, you can be sure he's no good and full of shite.

Dirtcrasher
09-07-2013, 08:41 PM
He's exposed, it was 42$ I believe. Trust me, I am ALL for the "principal" of merely being a man of your word. Some of us are not men in these transactions.

I've been here well over a decade and many members ship me stuff before I pay and I do the same for them.

Probably just a dumb young kid and I doubt he will be around much. Has he logged in lately??

Even with a new ISP, we all post in a certain way which is easily found.

Is it worth someone knocking on the door and being charged with harassment??

Cut the loss, the mods can label him and he'll never sell again............

deuce228
09-07-2013, 10:50 PM
If I send a mo I always send USPS for this reason

spaghetti
05-27-2015, 01:32 AM
Andy- please pm me and I will send you my phone number if you no longer have it. I just got out of jail due to some stupid life choices...
Anyways, please contact me with your shipping information. I still have your seat and would like to send it to you, along with a refund for dealing with this bullshit.
-Pat