Attention all Milner Brown Clients

[redsox]

You may be right, but, as you also pointed out, each state has its own set of rules. Keep pushing El. I think your highest hurdle will be getting heard. From the courts perspective, this is a turd. Just a mire of transactions across different states with different interested parties. If the court can punt on it they often will. Remember, laziness carries the day in all things judicial. Its going to be on you to make yourself heard. A continually squeaky wheel will eventually get the grease. It will have to be more of a pain in the arse NOT TO deal with you than it is TO deal with you. Then you'll probably get some justice. It won't come cheap and it won't come easy. In the end, receipts, paperwork, emails, and affidavits will carry the day. Not the ramblings of what the court will view as some red-neck complaining about something almost every judge will view as frivolous. I don't agree with that, but it is most likely to shake out that way. If you battle for two years to get heard, you'd likely have 5 minutes total argument time. Not enough to make a rational argument. The pen is, like, stronger,,,, or,,,um, better,,, ummm ,, than something,,, or something.

I have not been defrauded by this person and El..........what you are attempting is noble. Trying to get your money back/items and helping fellow victims is admirable but what you are describing maybe cannot be done.

There is no......what is essentially a "class action" in small claims. And grouping a group of ......let's say "defrauded folks" together to go over $5000 is not how it works. Every instance is very individual......and it's own contract and not tied into any other....... so each instance is its own cause. Trying to prove "fraud in the inducement" will be very difficult since there is a history of "satisfactory performance" with multiple people. This is all Tort law and will only be solved with civil litigation.

Everytime I read something about this guy not giving items back I always think........... why doesn't anyone take him to small claims court? After all i feel this is the only real recourse.........and a lot cheaper than an attorney. Each state has its own laws governing small claims court but one may be able to file in his home state. If that's the case you will almost certainly get a judgement in your favor because it's unlikely this person will show up. Enforcing the judgement would be the next step. All this way cheaper....even the serving to appear........than hiring an attorney.........and cleaner and enforceable.

Or you can just write it off and keep everyone informed of said persons untrustworthy nature.

Good all..........and good on you El.

[knappyfeet]

If you battle for two years to get heard, you'd likely have 5 minutes total argument time.

Good post.

A person would not need to battle for 2 years to get heard.........all they need to do is file in small claims......that's it.

I can almost guarantee you that if this person receives 2 or 3 enforceable judgements against him.........many shocks and perhaps money will start to find their way back to their rightful owners........all on their own

[redsox]

Perhaps Justice moves more rapidly on the west coast.

Good post.

A person would not need to battle for 2 years to get heard.........all they need to do is file in small claims......that's it.

I can almost guarantee you that if this person receives 2 or 3 enforceable judgements against him.........many shocks and perhaps money will start to find their way back to their rightful owners........all on their own

[atc007]

Once a suit is filed in small claims it is most generally heard within a month. Every person here has an open and shut case. I am no lawyer,nor know what all El has done in the past,but filing all of these cases back to back with one attorney,,,yeah,,that word........yuck.. Would most likely result in him being able to represent each one of you on an individual basis in one day. Case after case after case,individually. This I know could be done for a fact, and VERY swiftly. I also think most attorneys would really like this as one good day of work,,maybe cut you quite a break on price. Frankly, if I was any one of you and were to LOSE money getting justice. I DAMN sure would! But that's just me. Where I come from this kind of manure is simply not put up with. It is dealt with very quickly and swiftly. I hope you all get a plan together and get this done! Find a "decent attorney " in his town,so there is no travel involved. Get him every shred of evidence you have and have him file. With El heading it up,it should be almost painless for the rest of you

[oldskool83]

by chance do you think they took the shocks did the work and sold them on ebay as rebuilt shocks to get major profit? I wouldn't keep items someone send me unless I was going to sell them, what's the point of keeping so may shocks and cash then...highly dought he or she has some awesome builds going. Gotta think like a criminal. Glad they never got my shock. I use a stand up guy named Kevin Groff (Jocaga) in AZ

http://www.bing.com/images/search?vi...x=1&ajaxhist=0

[barnett468]

.

Unfortunately I have had to sue a few people including the State Of California, but fortunately I won every case and I did it without a lawyer or any legal advice . The State sent three attorneys to defend it against my whopping $800.00 lawsuit, lol . Anyway, I figured since I too had some experience with this type of thing and may (or may not) have lived in Arizona for a while, I would do a little research for you and hopefully get you a decent starting point . Some states do not even allow out of state residents to sue people in small claims court so this would be one of the first things to find out.

Below are just some of the questions I would ask and whomever you talk to will obviously offer other info.


Can I sue someone in Arizona if I live in another state?

Can a lawyer represent me or do I need to appear in person?

If I win the case and he does not pay, what are my options?

Can I file a lien against his home and/or personal vehicles etc?

If I can file a lien, how do I do that and what does it cost?

How do I find out what he owns so I can put a lien on it?

Does the suit need to be filed in the county the defendant lives in?

The county question is important because if you can sue him in a county that is hundreds of miles from where he lives, it makes it far less likely that he will appear, and if he does not appear, you automatically win by default because they do not grant extensions or a change of venue/location in small claims courts as far as I know.


ARIZONA SMALL CLAIMS FILING INFORMATION

http://www.jp.pima.gov/Info/SmallCla...o/fileCase.htm


ARIZONA SMALL CLAIMS FORM

http://www.jp.pima.gov/Forms/JP118%2...n%20Person.pdf


SOME LAWYERS IN MESA ARIZONA

https://www.yellowpages.com/mesa-az/...laims-attorney


COURT PHONE NUMBER

Pima County Consolidated Justice Court, 240 N. Stone Avenue, Tucson, Arizona.

(520) 740-3768

(520) 724-3171

.

[ironchop]

If he won't return a call, text, answer his front door, send back a shock, send back money, at least apologize, attempt to explain, or so much as send a representative to do so on his behalf would be a good indicator that he's a no-show in court too.

Now I've never been sued for shock work but I've been sued for a medical bill and when I didn't appear, the plaintiff was automatically awarded a decision favorable to them. Hopefully it will be as easy for you guys.

Sent from my Z958 using Tapatalk

[knappyfeet]

Honestly..........filing in small claims is really the only way but also the easiest. A retainer for an attorney is probably $1500.........not counting court and prep time......simply not worth it for shock absorbers.

Since El is in "Meh-hee-co" and seems to travel a lot it may be easiest for him to file in AZ. There's ways to do service but nothing is as effective and daunting as a law enforcement officers doing the "service". Its more $$ to have them serve but if you win then he will have to pay for that as well.....so since hes going to do the paying you might as well have the best and spend the most. Heck.....if he doesn't answer the complaint you win by default and never have to set foot in a courtroom. It's simply the easiest way to go and if one person gets a judgement then that sets a precident for the next complaint.

[atc007]

Yes, pay to have it served by the Sherrifs office. Every cent of that gets added on top of the judgement. Much better that way Like Barnett I have also had an idiot for a client { myself} A few times and have had an absolute BALL drowning lawyers at their own game Undefeated so far .

[Dirtcrasher]

My father was sued once. The Plaintiff didn't do certain things in the correct timeline which should have ended the whole ordeal in dads favor immediately.

They would not allow my dad to show pictures of who the real culprit was, and the judge didn't like the fact that my dad wrote everything down in print rather than a typewriter or printing his answer off a computer.

He lost...

[atc007]

In the event he sees this and decides maybe this is actually not going away . Maybe he'll start mailing boxes of garbage back to you guys. If they aren't fixed as you discussed that is still a breach of contract. To be whole you will still need the cash to have them professionally rebuilt somewhere else . Damages for the time you have been without a ride etc. Each of your individual cases would be different.

[barnett468]

.

Here's today's screenshot from onformula's facebook page, hope you enjoy it, I'm sure he will!

[El Camexican]

Huge lawsuit? LOL! I wish. If we could sue him for pain and suffering they'd award us millions, but I don't think it works that way.

Milner: When you read this know that if my shock and spacer were to arrive at the address I've sent you multiple times I'd back off. You can keep the money, you seem to need it more than me.

You can also put all the other 3WW member's parts in the same box and send them to me and I will make sure they get to the rightful owners, saves you having to pay shipping with money you've already spent. Think hard and fast about this as I am willing to spend more than you owe me to get your name permanently etched into the loosing end of legal text just to say I did.

Tick tock...

[RIDE-RED 250r]

Nico, I have refrained from commenting up to this point so as not to clutter up your thread. But I just want to say I hope you and everyone else involved gets their property AND money back at minimal cost to all of you. That is the only acceptable outcome after all of this. Good luck my friend and a tip of the hat to you for taking up the legwork to right these wrongs.

[El Camexican]

Hi Milner,

How’s it going? I saw you on here late last night, again this morning and again just a few minutes ago. You sure do come around a lot for someone who never posts anymore, what’s up with that? Anyway, seeing as how you don’t seem to respond to texts and calls much I thought I’d post this up here where I know you will get the message.

I had a very nice talk with a lady at PayPal’s Fraud Department this afternoon. Seems that after what transpired between you, my buddy Bruce and I last year your PayPal privileges were revoked and your known data was put into a database of some sort that monitors for similarities that would indicate the same person was trying to conduct business through another account. I sure hope this hasn’t posed too much of an inconvenience for you as I’m sure you would have liked to continue receiving (insert Dire Straits song title here as I know you love Glamy style posts ).

Once I explained what’s been going on she told me that PayPal has a policy that allows Plaintiffs including those seeking justice in Small Claims Court to subpoena all the transactions of a Defendant through law enforcement. If I understood her correctly this means that anyone who wants to take you to small claims court would be able to pull up your entire PayPal history including where people have successfully gotten PayPal to rule in their favor against you which helps set precedent.

She also mentioned that while people who were coerced into sending funds to you via the “Friends and Family” option were not protected under PayPal’s policies they should be able to get compensation from the Court as fraud is still fraud regardless of how the funds were sent.

Here is what she emailed to me. The links seem to be for law enforcements’ use.


Dear XXXXXXXXXX,
Thank you for contacting PayPal Customer Support. My name is Jeri and I am happy to assist you with reporting fraud.

To request information about a customer’s PayPal account, an attorney or law enforcement officer must submit a legal subpoena.
If you want to serve PayPal with a lawsuit or subpoena, you have to follow the applicable rules under state or federal law governing service of process. It is your responsibility to determine which rules apply to your particular circumstance.

All civil subpoenas will need to be submitted to PayPal via our registered agent, CT Corporation, US Certified Mail, or a courier such as FedEx or UPS and should be sent to:
PayPal
Attn: Legal Dept./Civil
2211 North First Street
San Jose, CA 95131
PayPal does not accept personal service, nor do we accept service via electronic means, such as fax or email.
If you have a subpoena related to a criminal matter, please submit it to our Global Asset Protection team via the Safety Hub – PayPal Law Enforcement Tool here:
http://safetyhub.paypal.com
. To get instructions on how to submit a subpoena, you can also visit our Safety Center:
https://www.paypal.com/us/webapps/mpp/law-enforcement

That’s all I have for now. I guess I’m going to have to spend a few hours snapshotting all your texts and printing your PM’s and emails over the weekend. Would you believe I still have every single one of them? I’m such a silly pack rat!!!