Filing a civil complaint..re/"I did a stupid thing."

I posted here a few days ago about how the man told me he would sell my guitar, and give me the money. I told him we'd split the profit of his selling it. That was 6 weeks ago, and still nothing. I just called the Magistrate Court office in our county. I can file a "civil complaint" for $75. I think i'm going to do this. I have been increasingly irritated about having been so boldly scammed by this crook. I'm reluctant to call the man again, but maybe I should do so before taking legal action. What do you all think?
Patty

I didn't see the other post, seeker; who's the man/how did you know him? Have you talked to him at all since you gave him the guitar; it could take some time (or not). What was the last "excuse" he gave for not having sold it yet?

How much is the guitar worth? $75 to file a complaint seems a lot if you aren't sure you'll win (or if he splits or just gives you back the guitar and says he couldn't sell it, etc.).

I hope you've started documenting the whole thing before and can give him a call, tell him it's taken too long you want it back?

I'm glad you're considering a civil suit. I wonder do you need proof, like if he signed a paper - stating you and he agreed to sell the guitar and you would split the money. I think it would be a good idea, for you have an assertive man you know, try one more time to get the money. You could have the caller say "Hmmm I wonder what your boss would say, taking a woman's guitar doing a service call". Don't tell him you're going to file a civil suit because, it'll give him time to think and if there's no proof, he'll think he has a chance of not paying. Even if you lose the case, it would be worth it, to inconvenience him.

Thanks for your reply, Perna. I paid $800 for the guitar new. It was still new as I hadn't played it. Here is my original post about it from the other thread:

A man came to my house to install my new kitchen appliances. He was very polite and competent. When he was finished, and I paid him, he mentioned that he sells on Ebay. I told him I do too. He said he just sells musical instruments. I told him had a very nice guitar I had bought a year ago, but never played it and wanted to sell it. He said he would sell it for me on Ebay and give me the proceeds from the sale. I told him I'd split the sale with him. He left with the guitar. This was 6 weeks ago. I never heard from him, so I called him two weeks ago. He said he had sold it for $450 on Ebay (I had paid $800 for it), and that he had lost my phone number and "didn't know how to get in touch with me." Well...this was odd, since he had been to my house to install the appliances and knows where I live! I told him he could have half the sale price. He asked, "Do you want me to bring the money to your house or mail it to you?" I gave him my mailing address. Haven't rec'd anything from him in the mail, and I'm thinking of just letting this go, and chalking it up to my stupidity.
I asked him, "You WILL send me the money?" He said, "I promise." I don't expect to receive anything from him. A friend tells me I can go to the courthouse and pay $75 for some sort of small claims case. I think it would be more stressful than worth it. I was just stupid.

Since this happened 6 weeks ago, I've found his seller account on Ebay, and there is no record of my guitar having sold there, so I don't know what he did with it.

Having found what you did, I would call him again and tell him, "yes" you'd like him to bring the $450 to your house

Maybe he still has it. If that's the case, when you call him, give him the option of giving it back. Next time sell things yourself.

*I wanted to make sure I don't offend any women here, by telling you to get an assertive man to call. I know you're not comfortable with conflict and that's why I suggested it.

Patty, what are the thoughts you have about calling him again? That he will pay you this time? Or that if you mention the civil complaint he will then agree to pay? Or that you can avoid making him angry?

I don't think I would contact him again after his weak attempt to make himself look good/honest the last time. I don't know how the civil complaint works, but if he were to contact me after the filing, I would advise him to send the money within a week at the most, and via bank check and by certified mail.

Do you know his ebay user ID? You can search auctions that have ended if you do.

I feel as you have said, Echoes, and I thank you so much for your feedback. I'm thinking he should pay the court costs of this whole matter as well, but I don't know if this is an option.

I do have a male friend, the husband of my best friend, who is very agressive regarding financial matters. When I told him about this, he wanted to go to the man's house immediately and confront him! At that time, I didn't know the man's address, but I've since found it by doing a reverse phone lookup. I really don't want to involve my friend, though.
The thought of this confrontation makes me ill, to be honest. Also, the idea of making another phone call causes me great anxiety. Why am I such a wimp?!!! I'm thinking of asking my friend to call him. He will be very assertive, telling him I'm going to file a civil suit.

Anyway, duh...
Patty

Well...My male friend is calling him as I type this...Will be interesting to hear what happens...

Patty hindsight makes it seem so simple, doesn't it.
He took advantage of your trusting nature.
He's a con.
You are not a 'duh'.

I think this is the best idea and don't worry - if it doesn't work, file the civil suit and I would also have your friend call his employer because he did this during work time. Yes I may sound nasty, but him taking your guitar and not giving your share or returning it is stealing. He probably sensed you're too nice and wouldn't stick up for yourself. You're doing the right thing.

Thank you, Echoes, my friend!

My male friend just called me back. He made the call and got the wife. She is his "shield" I think. Anyway, she told my friend the husband (guitar thief) would be home around 11:30 tonight, and my friend (who stays up all night) is looking forward to calling him back! My friend really enjoys
this kind of stuff! (believe it or not!). He's going to tell him he "represents" me, wants a receipt for the sale, and if I don't receive payment, I'm taking civil court action.

Isn't it discouraging that con artists can see a "mark" like me! But thanks for suggesting having a strong male friend intervene. My friend loves doing this stuff! I marvel at it!
Patty

I'm praying you friend gets you the money. Lets us know when you find out what was said.

I am SO glad your friend was willing to do that and likes doing it. I think it's a great idea for him to approach it the way he is. I agree that if there is no resolve, civil suit would be the way to go. I don't think you should just let it go.

Beware: West Virginia Code

§30-2-4. Practice without license or oath; penalty; qualification after institution of suits.

It shall be unlawful for any natural person to practice or appear as an attorney at law for another in a court of record in this state, or to make it a business to solicit employment for any attorney, or to furnish an attorney or counsel to render legal services, or to hold himself out to the public as being entitled to practice law, or in any other manner to assume, use, or advertise the title of lawyer, or attorney and counselor at law, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law, or in any manner to advertise that he, either alone or together with other persons, has, owns, conducts or maintains a law office, without first having been duly and regularly licensed and admitted to practice law in a court of record of this state, and without having subscribed and taken the oath required by the next preceding section. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars; but this penalty shall not be incurred by any attorney who institutes suits in the circuit courts after obtaining a license, if he shall qualify at the first term thereafter of a circuit court of any county of the circuit in which he resides.
________________

Might not be a good idea for your friend to say he represents you. Better to leave it at he is a friend of yours.

Thanks for this info, Byz! I haven't rec'd a call from my friend yet, but I know he won't pose as an atty. He does this kind of thing all the time with his many businesses. I really needed a strong assertive male for this, as I am no good at standing up for myself. When my friend calls and gives me a report, I'll post back here.
Patty

Update: My friend just called, and he made contact with the guitar thief. The man kept saying he had meant to give the money but he "didn't know how to get in touch" which is bull****, as I had given him my mailing address as well as his having been here to install my appliances. Anyway, the man said he would come to my house to give me the money, and my friend said, "NO, I don't want you going to her house...I'll meet you to get her money." Whew...I'm so grateful to him for this! It will be interesting to see if the man actually shows up to pay. I told my friend he could "keep" the money, which he wouldn't do, of course. I told him, I just wanted to make a point of not being taken advantage of. I'm so glad I have him for a friend. He loves doing this kind of stuff!
Patty

Sounds good so far Patty - I hope he does meet up with your friend.That's nice of you to offer your friend the money. I pray he shows up and you get the money. Maybe you can think what your friend likes and get him a gift card or a couple of movie tickets, as thanks. Keeping my fingers crossed.

Calll him and get the police involved. He is probably doing this to others. bipolarbearV

Look For The Laughter!

Thanks, BP. I'm actually frightened of this man. He obviously works "under the radar" in his dealings. Though he legitimately installs all the appliances for Big Sandy Superstores, and is competent in that area, he could easily take advantage of vulnerable sorts, such as elderly, or single ladies, etc. I say "under the radar" because he has no phone listed, and even his address is listed in wife's name. The wife screens the phone calls, as she has answered both times I called, and when my friend called.

I'm hoping to just resolve this with my friend collecting the money owed, and be done with it, but if that doesn't work out, go to the civil action.
Patty

That's too bad your friend hasn't spoken to him yet - sounds like the woman is protecting him and he's dodging the issue. I wonder if your friend could call his work and get a hold of him there or even tell his boss about him. I was so hoping you got the money Patty

Patty,
I just picked up on this thread and hope you have a good outcome.
It's too bad that women still need the male voice to be assertive but it's true.
This guy you're dealing with sounds really slimy. Have you talked to the police about this? Is it considered stolen property? If he knows you've contacted the police he might back off and at least answer your friend's phone calls.
Getting ripped off makes me feel violated at some level.
Best of luck to you, you don't deserve this aggrevation.

I'm so glad you have the good, comforting friend to help get what is yours. Since you know who he does work for, you could threaten him with that/telling their management. I don't think he'd like that