Holy crap... Legal advice needed.

Radiac

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Note: for those who don't care about the details, skip to the bolded text below...

Ok, so I have had a worst-case scenario go down.

Almost two months ago, I was fortunate to catch a really good BIN on one of these:

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The machine was in Florida, and the shipping quotes I received were outrageous due to the monster size of the cab. Now, I typically ship with the larger, well-known companies, but due to the crazy quotes I was getting, I decided to try Uship.com. I was pleased to get a quote for less than half of what the "big guys" were going to charge, so I went ahead and booked it.

At first, things were fine. The owner of the business was good with communications, and all seemed well. At this same time, I booked another shipment with them and paid for it in full.

Then the problems started. First, it was the pick-up on the Strike Fighter. It was like pulling teeth to nail him down on when he was going to pick it up. After a couple of weeks and countless emails, he finally informed me that he had collected the game. I was concerned at this point, but I figured the lack of expediency was the price I had to pay for going with a small company.

Then it got worse. After collecting the game, communications became sporadic. When I did get the guy on the phone, it was all excuses and "next weeks" from him. Of course, he had not made any efforts to even pick-up the second shipment I had booked with him.

As the weeks went on, communications became more and more infrequent. I was no longer able to get him on the phone, and emails were once a week at best. In my last message, I informed him that I wanted a ful refund for the uncollected shipment and I also told him that if he did not deliver my game by week's end, I was going to reverse the credit card charges and report the game as stolen (my attempt to rattle his cage and get some action).

Well, today the other shoe dropped. I received the first email in over a week from him. It was a blanket message to me and about twenty others informing us that he was out of business and filing for bankruptcy.

:eek: :eek: :eek:

He left a phone number to contact for any undelivered shipments. I called it, and it was the number to the Penske truck rental branch where he had rented his fleet from. The Penske guys had been inundated with calls, and they basically told me they had no more info than I had. They also said that they did not know where all their trucks were, and they couldn't release any goods as they had no proof of who owned what.


For the tl;dr crowd, dude picked up my game and then went out of business.

So, as of today, I am out 1k for shipping that did not happen, and I have a very nice, expensive three monitor cab that is unaccounted for and in an undisclosed location.

I have contacted my credit card company to try to reverse the charges this guy hit me with, but other than that, I really don't know where to turn next.

Anyone with bankruptcy/interstate commerce knowledge here? I just don't know who to contact or what step to take next.

This really sux...
 
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Damn. No experience with that type of situation, or advice to offer, but I hope it works out in the end and you get your game and money back!
 
Wow, that totally stinks!! I have no real legal advice for you, but do wish you well in getting this resolved!
 
Sorry you had to deal with such an asshole. If it was me, with that kind of money and love for the game invested, I would talk to a lawyer. They may give you some free advice to start; giving you some options. Maybe you have to hire one in the end, but if it gets you your freeking game and ends the nightmare, then maybe its worth it.
 
I hope everything works out and I'll make sure I use NAVL or another well established company next time I purchase a game that requires shipping. Good Luck~!
 
I can't speak with regards to interstate situations but about a year ago I worked for a company that was not making good business moves. I left the company and moved on. Recently through old friends who still worked at the company I heard the company was going under. Their last move before filing bankruptcy was to take payment for a job they never intended to do. Basically they cashed the check then filed bankruptcy. The company that payed was ass out. And they are a large company that can afford to sue if they want to.

I hope your situation turns out better but I'm not sure the outlook is good. I would imagine that the money for the service would be a loss. As for the game you might be able to file a claim that it was basically stolen. Not sure. If you paid for it then it should still be your property even if it is in their possession. Might be worth looking into.
 
Hey man sry for the mess but i know you can for sure call many places and get a free consultation and that way you can get all your questions answered without spending any money, then whomever you feel best with you can pay them to get it done legally. At least when this is over a serious lesson learned..
 
Did you pay with a credit card? If you used Visa then you should be able to cancel the transaction. Otherwise...well.....good luck to you.
 
I can't speak with regards to interstate situations but about a year ago I worked for a company that was not making good business moves. I left the company and moved on. Recently through old friends who still worked at the company I heard the company was going under. Their last move before filing bankruptcy was to take payment for a job they never intended to do. Basically they cashed the check then filed bankruptcy. The company that payed was ass out. And they are a large company that can afford to sue if they want to.

I hope your situation turns out better but I'm not sure the outlook is good. I would imagine that the money for the service would be a loss. As for the game you might be able to file a claim that it was basically stolen. Not sure. If you paid for it then it should still be your property even if it is in their possession. Might be worth looking into.

That is my thought/fear. I am almost sure I will not see my money as bankruptcy will protect this scumbag from repayment of debts. I just really don't wanna lose this game as it is one I'll likely never be able to replace.
 
No real legal advice here, but I would try to contact the authorities in the jurisdiction where the game was picked up from. Basically he stole your game and you should report it.

Bankruptcy or not, he still has to abide by the law.
 
I would imagine that the money for the service would be a loss.
Sadly, this is most certainly true. Don't waste any time over it. More tragic for us is the game. I see two possibilities. 1. It is in a Penske truck somewhere. Keep in touch with the Penske people, same person and get their name if you can, and be friendly. You're in the same boat after all. They want their truck, you want your game. If you're nice to them, yet persistent, maybe they will help you out when they find their trucks (and hopefully your game, no one else should be asking for it you know). Optiion 2. is much less rosy. If they offloaded it and "stored" it somewhere it's likely history. I don't know what you've got in it moneywise, but if it were me I'd keep in touch with Penske, but likely not much more you can do. Sorry man, that really sucks!
 
Hire a private investigator. Track him down best as you can. I believe the informed crowd can locate where a person was at a given time by where their cellphone "pinged" next to any given cell-tower. Anyways, find that bum, take him to court.
Money can't be returned because of bankruptcy issues? No prob. Have him arrested for stolen merchandise, fraud, and being a douchebag.

Sorry this happened to you.
 
If they actually filed for bankruptcy protection, then you should be able to contact the courthouse of the county they are in to file a claim for property before any rulings are made as to what the company owns that will be liquidated or protected. The fact that they don't actually own the property means they can't dispose of it even under bankruptcy protection. Then you should contact the sheriff's dept in that county to file a report on missing property, giving them all the information you currently have as to names, phone numbers, addresses, etc. They should be able to locate the people responsible and find out where your game is.

Bankruptcy protection is only against creditors, and does not include property that doesn't belong to them. It may take you a long time, but you'll probably get it eventually....
 
I would call the manager of the Penske place, and tell him you'll give him personally $200 cash when the truck pops up that has your arcade game in it. Then tell him you'll send somebody by to remove it from the truck so his guys don't have to worry about it. Then line up another shipper who can do that (the NAVL guys may be able to do that kind of thing) and go from there. Eventually, Penske will find the trucks, and that game is going to be sitting in the back of it.

The guy who ripped you off will never give you a dime, and he's not going to even communicate with you. Following him, suing him, whatever isn't going to do you 1 bit of good. He filed bankruptcy, now he's going to just wash his hands of all of it. He's probably even got more expensive shipments that he screwed people out of, so you're the least of his worries. Your best bet is to get in tight with the manager of the Penske place, and offer him cash for the game.
 
If he went into true bankruptcy, you need to find out who is reprenting him to get your collection added to his debt list. After that.. no clue. CC company to reverse charge would be my initial step too :) Sorry to hear about your luck on that :(

Kevin


Mod beat me to it :)
 
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It's not legal advice, but the bar association has a service that will allow you to get a 1 hour consultation with a lawyer for a reduced fee. Look them up in the phone book and have the lawyer file the appropriate paperwork to enjoin the property. If you can find out the location of the courthouse and the judge that is presiding that will reduce the cost (the lawyer won't have to charge for the search).

Or write a letter to the judge and get this story down on paper in front of him. That way if it shows up on an inventory or asset sheet you can prove that it is your property and that the scumbag was simply hired for delivery. Send copies of all email correspondance and copies of the bill of sale for the game proving that you bought it legally from the original owner.

Believe it or not, this sort of thing happens all the time with repair shops and storage places that go out of business, so there is legal precedence and procedures that can be applied.

Good luck.

ken
 
Seriously, my advice would be to go after him. Legally of course. I have seen sooo many people get burned on a deal and then just roll over because they don't want to deal with trying to make the asshole own up to it and they just take the loss. See if you could get some free advice from a lawyer on how to proceed.

All advice aside, my motto is that if it sounds too good to be true, it usually is. I don't think the big name shipping contractors charge you up the ass for no good reason, so if someone is saying they can do that for half the price......
 
I had a simulart experience. I paid 600+ dollars to have 3 games picked up and unfortunally they picked up the Moppet and never brought it to me. SO I lost the Moppet it is supposdly in a storage unit in NC but probably sold by now. Had someone else pick up my other games. I was suppose to get a refund but never did. Several other people lost money and furniture they had picked up. But I've had 4 other good experiences with Uship. Good luck getting your money back and your game.
 
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