Need Legal Advice
Hello, I have a bit of a situation here that I could really use some advice on. I appologize in advance for the long post. Any advice would be greatly appreciated.
A few months back I bought a pre-ban under-fold AK-47 at a local shop in my area. The owner was a friend of mine at the time and gave me a great deal on it because he was going through a divorce and needed the money. He first offered me the gun a few days before I bought it but I went home to think it over (stupidly). Even though it was a great deal, money was tight and I was hesitant to part with it at that point. A couple of days later I decided "what the heck" and went to buy it after work. Well, I paid with my credit card and was then informed that there was a hitch. I would have to wait "a couple of weeks" to take delivery of it. Apparently the local sheriff had just come that morning and attached the gun in a civil judgment against the dealer. Just my luck I didn't buy it 2 days before. Since I really wanted the gun and the dealer was a friend of mine I decided I would wait the couple of weeks. Well, to make a long story short, I still haven't gotten it. Since then the dealer went out of business and still has the gun in his inventory which is now located at his house.
I tried to contact the BATF. they said it was a civil matter.
I filed a complaint with the state attorney general. no luck.
I called the local cops but they wouldn't even take a report.
So finally I filed a civil suit.
I filed the suit in November and the dealer has dodged the service. To this day he still has not been able to be served either by registered mail or in-person by the Sheriff. The police and AG didn't do anything because the dealer is a part-time local cop a couple of towns over and a close personal friend of the local Chief of Police.
In sort of a final slap in the face over the whole matter I was informed by my credit card company today that they would not do a charge-back because the dealer has gone out of business so they could not verify any of the information I gave them about the purchase. I instructed them to contact the ATF to verify that there is no disposition for the rifle in the dealer's bound book but they flat our refused to do anything. After much arguing with them it became apparent that the credit card company will not do anything on my behalf because the purchase was for a firearm (they're based out of California). I'm sure if I had bought 100 pounds of pro-life T-Shirts that never arrived they wouldn't be able to give me back my money fast enough.
Does anyone know what other recourse I would have and against whom? I'm running out of ideas and am just down right furious over the whole thing. [:(!]
New Hampshire, USA - "Live Free or Die!!!"<P><br>
A few months back I bought a pre-ban under-fold AK-47 at a local shop in my area. The owner was a friend of mine at the time and gave me a great deal on it because he was going through a divorce and needed the money. He first offered me the gun a few days before I bought it but I went home to think it over (stupidly). Even though it was a great deal, money was tight and I was hesitant to part with it at that point. A couple of days later I decided "what the heck" and went to buy it after work. Well, I paid with my credit card and was then informed that there was a hitch. I would have to wait "a couple of weeks" to take delivery of it. Apparently the local sheriff had just come that morning and attached the gun in a civil judgment against the dealer. Just my luck I didn't buy it 2 days before. Since I really wanted the gun and the dealer was a friend of mine I decided I would wait the couple of weeks. Well, to make a long story short, I still haven't gotten it. Since then the dealer went out of business and still has the gun in his inventory which is now located at his house.
I tried to contact the BATF. they said it was a civil matter.
I filed a complaint with the state attorney general. no luck.
I called the local cops but they wouldn't even take a report.
So finally I filed a civil suit.
I filed the suit in November and the dealer has dodged the service. To this day he still has not been able to be served either by registered mail or in-person by the Sheriff. The police and AG didn't do anything because the dealer is a part-time local cop a couple of towns over and a close personal friend of the local Chief of Police.
In sort of a final slap in the face over the whole matter I was informed by my credit card company today that they would not do a charge-back because the dealer has gone out of business so they could not verify any of the information I gave them about the purchase. I instructed them to contact the ATF to verify that there is no disposition for the rifle in the dealer's bound book but they flat our refused to do anything. After much arguing with them it became apparent that the credit card company will not do anything on my behalf because the purchase was for a firearm (they're based out of California). I'm sure if I had bought 100 pounds of pro-life T-Shirts that never arrived they wouldn't be able to give me back my money fast enough.
Does anyone know what other recourse I would have and against whom? I'm running out of ideas and am just down right furious over the whole thing. [:(!]
New Hampshire, USA - "Live Free or Die!!!"<P><br>
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You said the owner was a friend of yours.With friends like this you need no enemies.Good Luck
[:)]
ATF0 -
He WAS a friend. Needless to say we don't associate anymore due to this and a few other issues.
New Hampshire, USA - "Live Free or Die!!!"<P><br>0 -
If there is no reason for him to still have the gun IE no lawsiut then I would tell him via snail mail give it up give back the doe or I'LL REPORT IT STOLEN AFTER ALL IT IS A GUN! and buy law the cops would have to take possion of it if it is in your name.I would 1st go to the court house and see if he is being sued and if the gun is listed in the suit if it's not and it's in your name then it's stolen and he's guilty of felony fraud!did you fill out the yellow form?
IT"S better to die by fire then serve by force0 -
YOU COULD TRY TO SERVE HIM YOURSELF. WHAT ARE THE SMALL CLAIMS COURTS LIKE IN YOUR AREA (AMOUNT) YOU MIGHT TRY THAT. 0 -
First off I am a dealer located IN California and I had a claim settled on a firearms dispute without any problem- the credit card company could care less about the item type, but how do they do a charge back on a business that no longer exists? How do they get to hear both sides of the story if there is no one to talk to on the other end? How does the credit card company know that you don't have the firearm right now and are simply running a scam on them? Even if this guys business still exists on paper you say all of his assets are frozen by an other civil suit. The credit card company can't push through a long jam like that, they have to wait for the money too.
I continue to be amazed to hear people running to the BATF with civil matters. They could not care less that you got screwed. The cops don't care either. You need to hire a process server to hit this guy with the summons- pay $50 and have a pro do the job- they will track him down and serve him without fail. Once you get your ex-dealer into court (I bet he never shows and you win by default) you will win your case and get a judgement...now how do you collect? You say the guy already has a judgement against him...you'll just have to get into line behind everyone this guy screwed. Why would you agree to wait a couple of weeks to take delivery of this rifle anyway- even if this was your "friend". I'll wager that this guy knew exactly what he was doing andhe probably sold that same AK (what a great deal) to 15 other "friends" in addition to you. Other than a civil suit, I see you having no where to go here.
Mark T. Christian0 -
This is kind of a grey area in my book, You paid for it do it is yours, but if you havent signed the 4473, its not in the eys of the atf. You have receipts showing you paid for it so, its a long shot but report it as stolen. 0 -
Do you by chance know the wifes lawyer? might try it that way. 0 -
I thought it's not considered yours until the form is filled out and checked. It sucks that the ATF doesn't care if a "dealer" sells weapons without actually transferring them, but they do care if they are sold without the yellow form.
Also, it's : they couldn't care less...couldn't! If they could care less, that means they still care and could possibly reduce that amount of care. Couldn't.
Sorry.0 -
You stated you paid with a credit card.. Call the card company up and tell them the goods were never received. See if they will take it off. Just don't pay em'. 0 -
This is free advice from an attorney in michigan; It's probably pretty much the same thing all over the US. I'm not going to use legal-eez here, and I don't know all of the facts, so this is the general idea.
First, if you can't serve the guy per the rules of court, ususally the rules of court provide for "alternate service". This means that you go to court and tell the judge what you did to try to serve the guy reasonably, and since that didn't work, you want to do something like mail it and tack it to his door.
Second, you said the gun was taken due to a judgment in another case. It may be too late, but you could file a motion in that lawsuit, and show the judge that the gun was no longer his. It sounds like there was a money judgment in another case, and the sherriff was sent out to take his stuff, and then sell it. In MI, its called an "execution against property". If you bought the gun, and have the paperwork to show it, then it was not the dealers any more, and therefore it was not subject to execution.
Here's the rub: for the same reason that we go to a mechanic, a doctor, or a gunsmith, you really need a consult with an attorney in the dealer's area. Good Luck!0
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