School me on small claims court

[bukowski548]

Well I seem to have been completely boned on an ammo buy on ###. The seller is refusing to make it right. It's $800 worth of crap ammo. So has anyone ever been, or is aware how it works?

Thanks for all the help!

buk

MORE INFO ON PAGE 2!!!!!

Edited February 17, 2010 by bukowski548

[nightrunner]

cant say it surprises me on ###

what do you mean by crap ammo? all duds or what?

[bukowski548]

Sorry, 50% of the rounds are rusted.

buk

[Guest coldblackwind]

They look like this.

[Guest Republican]

IMHO. You will never see a penny from a small claims court case. Chalk it up to experience I guess. Sorry you got beat man. I am sure the guy knew.

Advice:

If someone tells you they wouldnt screw you over and they wouldnt lie to you. They have already lied to you and they are about to screw you over.

Good, Honest, Decent People do not have to tell people what they are made of.

[Guest Plainsman]

Damn shame...

[Guest jackdm3]

Bring the RAIN!

[enfield]

I've been to Small Claims Court in Michigan. $500 limit on recovery and very simple rules. No lawyers allowed! Stop by your local court and pick up the rules. BTW, I won. The other guy, a roofing contractor, didn't have a case. He wouldn't accept a summons so I paid to have him served. He met me the night before the court date and paid me the cost of the repair, my court cost and the cost to have him served.

If you take it to small claims court and the other party doesn't show - you win. At least that's the way it worked in MI. But winning doesn't mean that you get the money right away - the other party gets a judgement entered against them but you can't get blood out of a stone.

If someone tells you they wouldnt screw you over and they wouldnt lie to you. They have already lied to you and they are about to screw you over.

Good, Honest, Decent People do not have to tell people what they are made of.

+1000

An honest man wouldn't tell you he was honest and he'd be insulted if you asked.

[Guest Bronker]

Well I seem to have been completely boned on an ammo buy on ###. The seller is refusing to make it right. It's $800 worth of crap ammo. So has anyone ever been, or is aware how it works?

Thanks for all the help!

buk

Off-topic, but who was it, and what ad listing? I've dealt off there one time for a Glock 22, but it went very well with a guy from Mt. Juliet.

That's a shame.

[Guest mikedwood]

Was that the guy that had 10,000 rounds then 8,000 then 6,000? I think it said he was from M'boro.

Sorry you took a hit like that and hope you get something worked out.

[Guest Oaklands]

Just curious, what did his ad say and was there anything in your correspondence that may be of interest? I would go ahead and take him to court. One thing, was the price much cheaper than normal? Did his ad say anything about the condition of the ammo? I think you may have a case. I am not a lawyer but many times the judge will look at it from the good faith and what a prudent person would do.

If you decide to go ahead, remember this: The judge does not care about your personal feelings. He/She wants just the facts, a copy of any written e-mails or pm's from you, including open forum comments. Keep it simple and to the point, just reminding the judge that if you had known the ammo was rusted, you never would have bought it. Also it could pose a real threat to you safety. I would also take 1 or 2 researches from reliable sources off the net on the dangers of firing ammo like that. It might even help if you found something stating, this type of ammo should be disposed of in a proper sort of manner.

Just my 2¢ worth.

[Oh Shoot]

IMHO. You will never see a penny from a small claims court case. ...

One reason is TN doesn't HAVE a small claims court like many states.

You just have to file in regular court, which I guess would be General Sessions?

- OS

[Rightwinger]

And unless they are in the same County as you, the only way you MIGHT get them served is to file in their home state and county. Then you would have to either serve them yourself or get a private process server to do it. Your costs for that would exceed what your looking to get.

[bukowski548]

Was that the guy that had 10,000 rounds then 8,000 then 6,000? I think it said he was from M'boro.

Sorry you took a hit like that and hope you get something worked out.

That's the guy. It was all factory cased, but it must have been stored out in a garage or something because anything touching the cardboard is badly rusted. I've opened several boxes, it comes out 10 good rounds, 10 that are almost rusted through.

The thing is he's a Rutherford County deputy. When I first contacted him about the problem, he was very apologetic and wanted to make it right. He was going to give me a full refund and everything was fine. Then for some reason 5 hours later he completely backed out and offered me $25 a case refund. I've been trying to talk to him all week, but he doesn't even have the courage to speak to me on the phone anymore, he just sends email.

I've even made contact with a guy on arfcom that got taken the same way by his partner. In all of his emails the guy admits he knew it was rusted before he sold it.

I know everything about him, name, address, everything. I've considered outing him, but I'd rather just have my damn money back.

After some research it appears that TN doesn't have a small claims system. I guess it is a General Sessions case. This guy doesn't know me well enough to understand that I will never give this up. It will be funny to file the summons at his office. Maybe he can serve himself.

buk

[Erik88]

As someone mentioned earlier, if you summons them to court then they must respond in a set amount of time. If they don't it results in a default judgement and you win. I'm not sure if this also happens if they don't show up to court but it sounds right. Just make sure they are properly served and my guess is that the seller won't even go to court. Glad to know they actually taught me something worth while at UT. Good luck.

[lowbud]

You have to file a claim in general sessions. they will serve him, if he can be found. if he fails to show in court you get a default judgement. You can then take him back to court to find his assets, place of employment and file a writ of execution or garnishment if he works..

If he fails to appear the judge will then issue a bench warrent for his arrest.

It's definetly worth taking to court. it doesn't cost much to file and you don't need an attorney. IF he has anything to take you can take it.. even levy his accounts/property.

court in some cases is a good thing.

Edited February 17, 2010 by lowbud

[ttocswob]

tax stamps?

[Guest mikedwood]

That's the guy. It was all factory cased, but it must have been stored out in a garage or something because anything touching the cardboard is badly rusted. I've opened several boxes, it comes out 10 good rounds, 10 that are almost rusted through.

The thing is he's a Rutherford County deputy. When I first contacted him about the problem, he was very apologetic and wanted to make it right. He was going to give me a full refund and everything was fine. Then for some reason 5 hours later he completely backed out and offered me $25 a case refund. I've been trying to talk to him all week, but he doesn't even have the courage to speak to me on the phone anymore, he just sends email.

I've even made contact with a guy on arfcom that got taken the same way by his partner. In all of his emails the guy admits he knew it was rusted before he sold it.

I know everything about him, name, address, everything. I've considered outing him, but I'd rather just have my damn money back.

After some research it appears that TN doesn't have a small claims system. I guess it is a General Sessions case. This guy doesn't know me well enough to understand that I will never give this up. It will be funny to file the summons at his office. Maybe he can serve himself.

buk

It shows for his character. No telling what he does while on the job.

The Sheriff might need to know.

[lowbud]

I don't care who he is. he knew darn well it was rusty. I saw others complaining about it on GOC. Take him to court.

Info for general sessions. Each county may be a little different but this is good info.

http://www.nashville.gov/circuit/sessions/sessionslocalrules.asp

Edited February 17, 2010 by lowbud

[Guest tnvolfan]

What's to keep this low life from selling other stuff on gun owners club? I hope you will file a grievance with the powers that be on this website. Not that they can legally do anything except keep this jerk from selling anything else on it.

That's really awful that a "Lawman" would stoop so low to do something like this. There's no telling what kind of things he's been doing and getting away with. People like this really ruin it for the guys that are out there risking their lives for us. He needs to be sued.

[lowbud]

What's to keep this low life from selling other stuff on gun owners club? I hope you will file a grievance with the powers that be on this website. Not that they can legally do anything except keep this jerk from selling anything else on it.

That's really awful that a "Lawman" would stoop so low to do something like this. There's no telling what kind of things he's been doing and getting away with. People like this really ruin it for the guys that are out there risking their lives for us. He needs to be sued.

Exactly. I would notify GOC of the situation right away.

+1000

[Guest gunnutt]

my advice would be contact his boss mr.truman jones and explain the situation and see if he can help.I have met truman and he dont seem like a kind of sherriff that wants his deputies doing the public wrong,GN

[VERO1]

+1 on contacting the Sherriff! We had an officer bounce a couple checks around town and then fail to settle them. It took one call to the chief to get things settled. The chief simply explained that being unemployed and blacklisted with other departments in the state was probably not a smart career move. Notifiying city council members also works well, as this is who brought the problem to the chiefs attention.

[Guest Sgt. Joe]

I am not a lawyer either but it seems all advice given is sound and correct.

I would advise the powers that be on the forum.

Then call his boss, and explain that you dont really want to have his officer served but that you WILL if the situation is not made right, a nudge from his boss is probably the worst thing for him.

It also sounds like if was at first willing to refund your money and then changed his mind that someone told him to call your bluff.

Dont back down.....Good Luck and keep us informed.