Ripped off. advice please?

FletcherML · #1 10-09-2010, 02:22 PM

Hey guys. I was approached by a got I kinda knew about him building flight cases. He offered my band an endorsement because we are at a point where if we tell kids in our area we got gear made by some dude, they'd go buy from him too. I checked out the gear he's made and its awesome stuff. I made the order for a flight case for my SVT CL with an 8 space rack built in. He told me he'd make it for 350 bucks. He then said since we were endorsing him that he'd let me make three payments in 3 installments. After I make the first payment I get the product. We later went on to do a ton of booking work with him, we got so close he even had the password to our myspace! I paid him 300 before a tour, he said it would be done on time for tour, it wasn't. He wound up doing some shady business booking some gigs and when we asked him about it he flipped. We stopped booking and all that, but he still has yet to finish my case. And now he's giving me run a round and fighting with me over the case. I have no receipt but I have emails from him acknowledging the work is due and i only owe $50.
How can I get this dickweed to get me my case or money back?

coffin blurt · #2 10-09-2010, 02:28 PM

Two words : Baseball bat.

p.s apply the bat to the toes of the bastard. (Only do that if he wont call the cops)

Other than that you can :

a. Forget about it.

b. Get over it.

fleabee · #3 10-09-2010, 02:31 PM

Black list his name with bookings

FletcherML · #4 10-09-2010, 02:34 PM

I know he's the type of dude to call the cops. I went over to his place to talk to him. Argument took place, he hit me, and then he called the cops saying I attacked him. He told the cops that he would have the case or my $300 within 7 days. So when the police showed up to arrest me, I explained. And then they got two different calls from witnesses reporting him attacking me. So they didn't haul me off to jail. The cops said they would be able to come into court and testify that he acknwoledged the work was due. But I want to make sure I have as much against him as possible legally so he can't pull anymore crap

fleabee · #5 10-09-2010, 02:42 PM

Sounds like small claims court is on your agenda. Make sure you have EVERYTHING documented in detail{emails, in person conversations, phone, and witnesses.} Judges love details

Toastfuzz · #6 10-09-2010, 02:45 PM

Wow, don't pay a $300 down payment on a $350 item without even seeing the item? I guess you were pretty close and trusted him, but yeah, you're kinda S.O.L. if he won't give up the goods, and you can only go the revenge route. Sorry.

OPBASSMAN1994 · #7 10-09-2010, 02:49 PM

Best thing to do: tell the world that he's untrustworthy. Blacklist him. Keep all the emails, get testimonies ready, and stick to your guns. And two things occur to me...

1. Wow, the idiocy and D-Bagishness of some people astounds me.

2. You have a decent assault case as well as a fraud case if you have witnesses and testimonies.

You'll have the dude out of business and behind bars before you know it if you play this right.

OPBASSMAN1994 · #8 10-09-2010, 02:50 PM

He could also be hit with lying to authorities. I'm sure this is all old news, but I figured I'd toss in my 2 cents.

FletcherML · #9 10-09-2010, 02:51 PM

Nice. Imma take this douche to judge Judy! I've got all the emails saved. All the dates from talking to him in person, the cops are willing to testify, two eye witnesses to me being attacked by him. And a band full of dudes that were aroind when the transaction was made. I think I have a solid case. Plus he's in the middle of another law suit where he screwed someone over.

gus1894 · #10 10-09-2010, 02:59 PM

Don't you have a friend named Sue? Take the crook to court and introduce them. You have cops that are willing to testify, witnesses AND email documentation? I'd say bury the fool.
Too often people think they can take advantage of others b/c they are younger or at some other perceived disadvantage. Let him know he messed with the wrong person.

Jaco D · #11 10-09-2010, 03:03 PM

Quote:

Originally Posted by FletcherML

He then said since we were endorsing him that he'd let me make three payments in 3 installments.

This doesn't make sense.

FletcherML · #12 10-09-2010, 03:19 PM

I

Quote:

Originally Posted by gus1894

Don't you have a friend named Sue? Take the crook to court and introduce them. You have cops that are willing to testify, witnesses AND email documentation? I'd say bury the fool.
Too often people think they can take advantage of others b/c they are younger or at some other perceived disadvantage. Let him know he messed with the wrong person.

Haha, that's exactly what I'm gonna do. Thanks everyone!

fleabee · #13 10-09-2010, 03:28 PM

Pay the $30 at the courthouse and get the ball rollin....

gus1894 · #14 10-09-2010, 03:51 PM

And next time remember, you aren't endorsing if you're paying, then you are just paying for a piece of his advertising. Good luck!

Jaco D · #15 10-10-2010, 12:46 AM

Quote:

Originally Posted by gus1894

And next time remember, you aren't endorsing if you're paying, then you are just paying for a piece of his advertising. Good luck!

This is exactly why I think the TS' statement doesn't make sense. Charge the $300 bucks to experience and move on. Do you think it's worth the time, money and effort to sue the guy? What you may have not considered is that your professional reputation is on the line here as well. Endorsing artists do not pay for the products they endorse - it's the manufacturers who pays the artist! Even if the small claims court awards you the $300 bucks, you're going to look like an idiot for being "a paying endorser". If I were you, I'd forget that the so called "endorsement agreement" ever took place.

totallyfrozen · #16 10-10-2010, 02:00 AM

Quote:

Originally Posted by FletcherML

I know he's the type of dude to call the cops. I went over to his place to talk to him. Argument took place, he hit me, and then he called the cops saying I attacked him. He told the cops that he would have the case or my $300 within 7 days. So when the police showed up to arrest me, I explained. And then they got two different calls from witnesses reporting him attacking me. So they didn't haul me off to jail. The cops said they would be able to come into court and testify that he acknwoledged the work was due. But I want to make sure I have as much against him as possible legally so he can't pull anymore crap

What the hell are you doing?!

What you need to do is take everything you have in writing (emails, etc.) and find out if you have any way to make a case in Small Claims Court. Then take him to small claims court and pursue it that way.

Everytime you argue with him, you weaken your legal case. Everytime you go to his place or call him, you weaken your legal case. Just STOP all communication with this guy and take him to small claims court. I'm serious.

FletcherML · #17 10-10-2010, 12:39 PM

Quote:

Originally Posted by Jaco D

This is exactly why I think the TS' statement doesn't make sense. Charge the $300 bucks to experience and move on. Do you think it's worth the time, money and effort to sue the guy? What you may have not considered is that your professional reputation is on the line here as well. Endorsing artists do not pay for the products they endorse - it's the manufacturers who pays the artist! Even if the small claims court awards you the $300 bucks, you're going to look like an idiot for being "a paying endorser". If I were you, I'd forget that the so called "endorsement agreement" ever took place.

I agree. And i did the whole time, but we're all about helping our local music community. I needed a road case and this was the only way one would fit into my budget. All we would have to do is use the gear and hope people ask where we got it. We weren't worried about the actual ENDORSEMENT as much as we were about helping a guy who seemed like he did good work and needed the help. And look where that got me haha. The moral of the story is, Receipts are everything, and the only people I can trust in this world are my boys at talkbass.com