update on bounced check issue

[momtohaley2004]

Some of you recall my prior posts. Well, I didn't remove my inventory because he did pay on the account. Didn't pay it in full, but at the time, I was in the position that I HAD to accept the money from him in order to pay my house payment. Anyway, I have just been keeping notes as what he says and his excuses. That is now 6 pages long and it's always another story. I run into people everywhere I go that know of this guy. When he tells me something I have been backing it up and NOTHING comes back as true. So, I just went to my attorney yesterday and they are sending a letter demanding payment in full within 15 days or we go to trial. I have all the documentation from receipts to signed contracts to my dated and timed notes. They are familiar with this type of guy and said that usually they pay up when the letter comes from an attorney's office. I'm just tired of dealing with him and why should I pull my product to make him happy. Why not do it the legal way, get my money AND wash my hands clean of him.

We also ordered furniture from him when we first started doing business together as this guy has a furniture store as well. That was on Sept 14 and we paid in full, got a receipt and have yet to get our furniture. We have requested our money back and now our attorney is going after him for deceptive trade practices. I'm in contact with another gentleman who has had the same thing happen to him with this guy and is really interested in what is going on. He has a lot more info and my attorney will most likely be calling him because with this guys history, we are hoping to send him back where he belongs........to prison. Been there once already and says he wants to change and not go back....well in my eyes if that is the case then you have to change the behavior that got you there in the first place.

I got a feeling he may just ignore the letter all together and this end up in trial. But, he thinks I am not capable or won't do anything (heard this from people who worked there and quit). Well, I have news for him. All his lies are catching up with him. Just wanted to fill everyone in on an update. I have washed my hands clean of him and if he does call me for any reason I just plan to refer him straight to my attorney's office because I am done. I don't need someone like that representing me or my company and he's screwed over the wrong person. Always an excuse to not pay me (ie: your candles I'm getting complaints on, we took a hit recently when so and so quit they took money, etc etc) and I'm tired of it!!!!!!!!! It's in Attorney Scott M. Brown's hands now and I will just do what I gotta to get this done. I know that you can't get blood from a turnip BUT my attorney is already planning that if he doesn't pay to go for everything he does own such as some of the product in his store, and any of his personal belongings up to the amount he owes us. In TX, anything over 1500 is a felony and if you are not an incorporated or LLC business they can go after your personal property.

[HeavenScentU]

I hope everything turns out the way you want. I am having the same issue with two stores one already closed their doors and are gone... The other doesn't want to pay me after giving her free samples for specially designed products. So I feel for you. The amounts these two stores owe me isn't a lot, but it still is money out of my pocket. I don't think I am going to do a Net term anymore this coming year. It is hard to know what is going on with stores until they close their doors. Good Luck!

[soapmom25]

just to address the furniture issue within your post ... it can take several weeks and even months to get "special order" stuff, so just because it hasn't come in yet doesn't necessarily mean he has swindled you for that money.

However, you should have done business the same way he did ... you ordered something and paid in full ~ you should have required him to do the same and you wouldn't be in this position right now possibly. I realize you may not have been "required" to pay in full and did so because you wanted to, but just throwing that out there

[momtohaley2004]

Well, when other people have come in, purchased the same thing we did as to model, style, etc and received it already something is wrong. I even called the manufacturer that he was supposively using and they had not done any business with him and didn't have a truck coming his way. His alibi just doesn't jive. First the furniture was coming from Mexico then from Dallas and now from Arizona........hello what's up with this...tell me the truth and I'd feel better. I told him I'd rather know the truth on all matters than be told lie after lie after lie. Sick of it.

I will NEVER do net terms again. If someone can't pay me when I deliver then sorry I don't want to do business with you. If someone can't pay for the product at time of delivery then in my eyes they don't need it. By doing net terms, that is money out of my pocket sitting on someone's shelf with me hoping to get payment from it and I will not put myself out like that again.

[momtohaley2004]

Oh and yes, since he supposively sold us the set at a deal rate (20% off his norm) we had to pay all up front. I think he may have seen sucker written on our foreheads or something. He's played the game before and he knows how to play it. His rap sheet should show that much.

[Vio]

If you paid with a credit card or a bank credit end of a debit/credit card for the furniture, call the bank and they can reverse the payment. You haven't received the product and if he should have had it to you long ago and you can prove that you're not supposed to be waiting, then they can reverse the payment. This is the reason why I always use credit card to pay for things, even when I have the cash. They cover your ass for you in cases like this.

Hope it all works out well for you with this. Horrifying story. Some people are really scum and just out to swindle people. It's very sad.

[momtohaley2004]

Paid by check. The bank says it's been too long to do anything and it's now a cival matter. Thus, we contacted the attorney. He recently called and said that he will have a cashier check for me in the morning. I won't take anything but FULL payment and honestly, I'd be a little upset after having gone to the attorney over all of this. In reality I don't even want to deal w/the man anymore anyways. I've heard so many of the come at X time and I'll have your money stories that I can't even count. I don't believe anything he says but I think someone may have let it leak that we contacted an attorney cus all of a sudden he's jumping through hoops or at least making it sound like he is.

[artcwolf]

Paid by check. The bank says it's been too long to do anything and it's now a cival matter. Thus, we contacted the attorney. He recently called and said that he will have a cashier check for me in the morning. I won't take anything but FULL payment and honestly, I'd be a little upset after having gone to the attorney over all of this. In reality I don't even want to deal w/the man anymore anyways. I've heard so many of the come at X time and I'll have your money stories that I can't even count. I don't believe anything he says but I think someone may have let it leak that we contacted an attorney cus all of a sudden he's jumping through hoops or at least making it sound like he is.

your bank should still be able to pull the check sohwing who it was made out too, and when the check cleared...I work in the finacial industry...I've leard a few things. Good luck....Bank can't help get the money but they can give you the proof.

[momtohaley2004]

Oh i have the proof...I have a duplicate check copy and a bank statement that shows that check was cashed. So really not much the bank can do at this point........GRRR

[artcwolf]

Good, just trying to help as much as I can, I know the copy of the actual check helps more then the the carbon copy, but that is why my comany doesn't sell anything other then carbon checks because we don't return the checks to our members.

[momtohaley2004]

Well, my sister in law has been working there for almost 2 weeks now. She has heard all kinds of stuff. He got his demand letter from our attorney today. My sister in law, Jessica, had to sign for the letter since he was not there. Jessica personally gave it to Tony before leaving and according to what she later told us, Tony threw a big hissy fit and was referring to me as a “bitch”. Jessica said he had a money bag in his hand and he said well she was gonna get paid today but now she ain’t gonna get a damn dime because I’ll have her head spinning with attorney fees and court costs that it ain’t funny. She mentioned that now whether or not there was money actually in it she doesn’t know, but he did have a money bag. According to Jessica, she said that Tony said that after all this he was gonna give us some money to help us out and I had to contact an attorney and that if I think he’s going to pay my legal fees then I have another thing coming. . She states she is leaving on the 15th cus that is pay day and she is tired of everyone calling wanting to know when their product is coming in. She mentioned they did 11 thousand in sales the other day and that the mall issued him a notice that if 3800 rent isn’t paid by 2pm tomorrow then they are closing the doors on him. I have a feeling he is going to take what cash he has made by ripping people like me off and flee town just like he fled before. I doubt there was any money. With nine pages of documented lies (can be checked out and come back as lies...he's bad about giving names saying X is gonna do this for me and that for me and then I meet X and X says um no i'm not). Now we are just waiting to hear what lies Tony has to say about us. I’m sure he is going to bad mouth me and my business to the majority of his customersj, which is why I personally searched and called a lady who had placed a special order with him through me. I called and asked if it was her and if she has received notice they are in and she said she had. I just didn't want him to try to say "oh they never made them" or some crap like that. Just have to keep my business up. Not worrying much about winning the case cus that is an open and shut book cus I have the receipt, the bounced check, documentation, etc. I don't know what leg he has to stand on other than trying to bad mouth my candles all of which have been tested, have warning labels and are made with pride, knowledge as well as blood, sweat and tears at times. He's just an old asshole conartist is all he is. I mean if he has supposively made 86 thousand since Thanksgiving like the employees say he has done on furniture sales, then why haven't I been paid? My guess.......he's pocketing the money and ripping everyone else off in the process.

[Late Night]

I wouldn't worry at all about him taking you to court. You have all your documents and his past history.

If he bad-mouths your business, I guess you will have plenty of company. If you find out about it you could always send the people a link to his history and tell them to judge for themselves.

Sounds like he is about ready to flee again.

[islandgirl]

I feel bad for you.. What a horrible position you have been put into.

No one needs that aggravation in their lives!!

I hope he gets what is coming to him!! JAIL TIME!!!

Good Luck and don't let him get to you!!! Everyone will see him for what he is ~ A liar, manipulator and thief !!

[gingerinarkansas]

Sounds like a terrible ordeal. Good luck and hope you have a good outcome. GInger

[momtohaley2004]

My question and my issue with all this, is that if America is such a great place then why do we continue to let people with histories like his own and operate a business so they can continue ripping people off? It just doesn't make sense to me. I mean he has felony theft and fraud charges, an eleven page rap sheet and he's been in prison for this sorta stuff before. Of course, I found this out a day late and a dollar short, but still. Why isn't there a way to protect the public? Maybe I should write my congressman over this so other's don't get burned like me. He's played the game, knows how to play it and will keep playing it as long as he's allowed to.

[momtohaley2004]

As for my business, etc I think that I've sold enough candles at craft shows that if people are satisfied then word of mouth will serve as my best seller and definately not his rear. I had a guy recognize my candles by the label and connect me to him and frankly I don't want or need that. I know it's a long road ahead but from now on there will be NO net terms for anyone. COD ONLY and if they don't like that then I am sorry but I don't have to do business with them. I'm also going to do background on everyone. It's simple if you have their name and an address now a days to pull everything up on them or go to the county website and see what's on there. Only time will tell on everything I suppose.

[momtohaley2004]

CONCERNING THE FURNITURE>>>>>>>

This is what our attorney is going for a Deceptive Trade Practice Act case and here is what TX law states:

TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT GUIDELINES

1. As a prerequisite to filing a suit seeking damages under this Act, the consumer must send a registered or certified letter of written notice telling the seller what is wrong and asking for the amount of your damages. The notice must advise the seller in reasonable detail of the consumer's specific complaint and the amount of damages.
   
2. If the seller fails to send you the amount requested within 60 days of receiving your letter, a suit can be filed.
   
3. If a suit is filed, ask for the all of the damages incurred as a result of this deceptive trade practice. The possible remedies include:
   1. 
      
   2. Economic and mental anguish damages;
      
   3. Additional damages**;
      
   4. An injunction;
      
   5. A restoration order;
      
   6. The appointment of a receiver;
      
   7. Revocation of a defendant's license or certificate to do business;
      
   8. Court costs and attorney's fees;
      
   9. Interest; or
      
   10. Any other relief that the court deems proper.
       

** ADDITIONAL DAMAGES
If a court finds that the conduct of the seller was committed "knowingly," a court may also award not more than three times the amount of economic damages.
If a court finds the conduct of the seller was committed "intentionally," a court may also award not more than three times the amount of damages for mental anguish and economic damages.
With all that, who do you think has the heads up on this one considering I have a receipt for furniture NEVER received yet paid in full plus a now 9 page list of his excuses as to why we have not received our furniture. I just found out that he contacted our attorney but the receptionist said she didn't have any details and would have the attorney call us back. Guess this means that in 60 days if no money has exchanged hands, we will file suit.
Also, I just called the mall management office where his store is located. I let the mgr know what is going on. Why we have not pulled our product and that we have contacted an attorney. I also requested that should he not pay his rent and they shut the doors that she she please call me and let me know and she took my name and number and said she would do such.
I HATE CROOKS AND CON ARTISTS!!!!!!!!!!!