Dive Shops Beware

[adurso]

Thats too bad here they same the same thing but that is just not so. They like to tell you that so you hire a lawyer or at least thats what they do here. Sorry to hear of your greif I am surprised they responded to me.

Courts like to tell citizens that an attorney's services are required for almost anything, because this makes things easier for the courts, the clerks in particular. If you look through the Florida Code, available online, you will find the rules for filing. Microsoft Word and other word processing programs have the templates for the legal pleadings you will need to file. I would suggest you read the code and get law enforcement involved as you appear to have both criminal and civil areas to explore. It has been my experience (from the law enforcement end) that a visit from the Fraud Squad provides great incentive for issues to be worked out sans court appearances.

 

[DallasNewbie]

With the documentation you have, you should be able to easily win a breach of contract claim against him, and it shouldn't cost too much. The contract claim will be a much simpler case than trying to nail him for fraud, but you won't get a huge recovery, so you may still be out a some $.

It is in your interest to get a lawyer, but find one who will take the case for a fixed-fee. Of course you will have to pay the fee, and you probably won't be able to recover that, but for a relatively simple case that can probably be won on summary or default judgement it shouldn't cost you too much. You must have at least one customer who's an attorney and can help you for a reasonable fee.

That's only the first step, however, since the court won't collect the money for you. You still have to get the judgement out of him. At least with a judgement you can find his assets and file liens.

 

[opiniongirl]

why not take him to small claims? It's cheap, no lawyers. There's a maximum limit (usually 10 Grand in canada, dunno what it is there) but if there are two partners in the business, and you both split the cost, you can both sue individually for $10,000 each?

Maybe you can even get on Judge Judy!!!

 

[mccabejc]

Small claims here is typically only $5k. Sucks. He can check the Palm Beach County Court website to find out what it is there. Probably the same.

 

[Cobra852]

So you and 7 shops go after him in Civil court you all win on the same day. Hooray for the good guys. He declares bankruptcy the next day. Boo you loose.

Go after him criminally it doesn't cost you anything and if found guilty the judge may require him to pay restitution. If he doesn't he goes up for Contempt of Court.

I'm not familiar with Fl code. However, most states have laws against "Theft by Deception" or "Theft by Conversion" wording maybe different but i'm sure there's a Fl code that covers it.

 

[pasley]

....From what I heard last you do need a lawyer if it's over $10k, that's what the courthouse told me.

I think you mis-understood what the court house said. I believe you have a fundamental right to go to court without an attorney. I also would accept that the courthouse said you CAN have an attorney for 10K and up and no attorney is allowed in small claims court. The difference being between can and must. I just do not accept that an attorney is required for any case. I would also agree having an attorney is better than you going up against and attorney by yourself.

You do have to follow the rules and do it right, and all information is easily available to the public.

I also have trouble with this not being a criminal case. Since when does it require multiple complaints to file a fraud charge?

Something is not right here. Truth is an absolute defense against libel charges. If what has been said is not the truth, then that could be interesting. I would like to hear the full story.

Not an attorney or schooled in law. Just my uninformed opinion.

 

[liberato]

The reply from the company sounds not very credible. They are "working on a strategy to deal with the problem." Yeah, right!

But I also want to hear comments from the other 7 alleged victims. Have them all log on and tell us more detail.

 

[wolf eel]

liberato The reply from the company sounds not very credible. They are "working on a strategy to deal with the problem." Yeah, right!

And to think I have not heard from them since. Gee I wonder if anybody put them onto the board.

But I also want to hear comments from the other 7 alleged victims. Have them all log on and tell us more detail.

Me too it is odd that no other shop has posted anything either way.

 

[DallasNewbie]

I also have trouble with this not being a criminal case. Since when does it require multiple complaints to file a fraud charge?

For criminal charges, they'd have to prove that he intended to rip people off. If this is a somewhat reputable business that only screws some of their customers, it may be very difficult to prove fraud.

 

[Mama Mynet]

Does anyone have $50,000 to lend me so I can pay all the attorney's fees it's going to cost me? This is the problem many of us are having, the attorney's fees are more then the equipment is worth...

Have you considered small claims court and going at it pro se? I think it is a 25K maximum for civil suits but check with your local venue. If you have a signed contract with a cancelled check then it should be a no brainer for the judge and you can save yourself a ton of money on attorney fees.