Greg D.
Contributor
Find this guy, get a couple 5gal. buckets, fifty pounds of cement, a tape recorder and a deep lake. Then, get some answers 
Dive Shops Beware
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David P
Guest
Not to sound flippant (well for legal reasons yeah I do mean to sound flippant) but after 20gs and 3 years, I would go to his place and just start busting bones. Sorry I dont put up with crap like that and have no patience for liars. Just make sure youve given up on the money and theres no witneses.
pilot fish
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This is very simple. It is no longer a breach of contract issue but a criminal matter. He has stolen 21K from you, defrauded you, and has no intention of ever paying it back, or delivering the merchandise. YOU DON'T WANT THE DAMN MERCHANDISE NOW ANYWAY. It will cost you only filing fees to get the AG in Fl to go after him, especially since there are 7 shops that you know of that have also been defrauded. His assests will be attached, if you do not wait any longer to have him arrested. Nothing works faster than the sheriff showing up at your door with handcuffs. He'd find your money real fast.
OK, so let's stop the pity party and have him arrested. TAKE ACTION FAST!!!!
OK, so let's stop the pity party and have him arrested. TAKE ACTION FAST!!!!
pilot fish
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David P:
no, no, that is something you might do after you get your money back. It might be more effective if you put a lean on his house, take his boat, car and wife's jewlery
wolf eel:
I will contact each and everyone of them and notify them of this board. They have no idea that I've notified this message board. The other problem might be that they all have attorney's and may not want to jeopordize there legal battle.
I would be happy to give the names of some of the dive shops that have had problems with Undersea Breathing.
JustinW
Contributor
Kinda Ironic, the website has a "No hassle guarantee"
Seems that quite a bit of hastling is involved in getting the company to perform on its contract.
Seems that quite a bit of hastling is involved in getting the company to perform on its contract.
wolf eel
Contributor
If and do not take this in a negative way. If what you are saying is completley true and you can defend yourself in court then tell the world all. If any of this is not true however you will lose everything and the diving community will never forget. Its the net you never know thats why I sent that e-mail. Like I said everything must be as you say or he has a case against you.
That being said the other groups should welcome your complaint why, it adds to the defence of a wrong doing. And after they win you have a case against them with proof from another trial. It is in your best interest to get on with them and be there in court show your face and then you can say your piece just do not have your name on the papers as I think you may not be able to have him in court twice.
The problem that I have is this (not that it matters). In his contract does it say anything about him being late or what happens if he can not get the parts he needs to build his equipment. Maybe I should not say this but. If you do not he can just say he is waiting on parts to be able to build the equipment and the fact that their is no mention at all about late fees and a topic of being late has never been discussed then you may have no case. Allways include the fact that if you do not come up with the product by a time frame then you want whatever that may be but it was addressed. An because of that neither party can go back on what they say.
Some good points have been made. You need to start with your contract. What provisions are in it regarding breech and what constitites breech? The contract is what you will live or loose by.
I am not an attorney or trained in the law profession. What follows is not leagal advice but is a lay persons opinion only. Actually it is a story of what I have done in California. Your state may differ.
I went to courthouse and purchased a form from the clerks office. I filled out the form, and filed the form at the court house. I went to court with my contract, cancelled check, copies of all correspondence from me to chump and from chump to me, log of phone calls made, in short my evidence. No attorney required. Recommended, but not required.
After I win my judgment, I went to Court clerks office, got a abstract of judgment and took it to the County Recorders office. Recorded the judgment there. Now I have effectively put a lien on his house and a blot on his credit report. Eventually the chump will sell or buy real estate and I got paid. Note it must be renewed every so many years.
Now I go back to the court house and see the County Marshals or Sheriffs office there and buy another form. Now I take the form along with my abstract of judgment to the Marshall/Sheriffs office in the court house and using the bank information from the back of the cancelled check, (where the now adjudged guilty party endorsed it) have them seize his bank account. For a modest fee they will also do a till tap (go to his business and empty the cash register). You can also have the sheriff seize property and sell it (cars, TV, Boat, etc). Did I mention the court judgment also includes a provision for interest if I fill out the forms right. Yes I get interest from the date of judgment till I collect my money.
Again not an attorney. Just a California Real Estate Broker who has collected a dime or two in his day from dead beat former tenants. Your laws may differ, but I bet not by much. An attorney is best. If you can not afford one, your local library and internet can be very helpful. The rules of the court and the forms are available at the courthouse and often on line too.
I am not an attorney or trained in the law profession. What follows is not leagal advice but is a lay persons opinion only. Actually it is a story of what I have done in California. Your state may differ.
I went to courthouse and purchased a form from the clerks office. I filled out the form, and filed the form at the court house. I went to court with my contract, cancelled check, copies of all correspondence from me to chump and from chump to me, log of phone calls made, in short my evidence. No attorney required. Recommended, but not required.
After I win my judgment, I went to Court clerks office, got a abstract of judgment and took it to the County Recorders office. Recorded the judgment there. Now I have effectively put a lien on his house and a blot on his credit report. Eventually the chump will sell or buy real estate and I got paid. Note it must be renewed every so many years.
Now I go back to the court house and see the County Marshals or Sheriffs office there and buy another form. Now I take the form along with my abstract of judgment to the Marshall/Sheriffs office in the court house and using the bank information from the back of the cancelled check, (where the now adjudged guilty party endorsed it) have them seize his bank account. For a modest fee they will also do a till tap (go to his business and empty the cash register). You can also have the sheriff seize property and sell it (cars, TV, Boat, etc). Did I mention the court judgment also includes a provision for interest if I fill out the forms right. Yes I get interest from the date of judgment till I collect my money.
Again not an attorney. Just a California Real Estate Broker who has collected a dime or two in his day from dead beat former tenants. Your laws may differ, but I bet not by much. An attorney is best. If you can not afford one, your local library and internet can be very helpful. The rules of the court and the forms are available at the courthouse and often on line too.
wolf eel
Contributor
Thats the only way. If the contract is more then yea I will build this for you.
The tenents act is a little easier to collect as it is money owed for rent or house payment. And you had a complete contract stating if payment was late and how long you have to collect.
Just so you all know I am on nobodys side except the side that is right and just.
True, it is. But, the process is the same, go to court, have trial, then try to collect.wolf eel:
This can be done without an attorney, but is better with one. What does the contract say about attorney fees? Does it have a clause about prevailing party attorney being paid by the looser? Research your contact, and who you can sue (him, the company or both) to ensure your suit names the right party and the party with the assets.
Sites that may be of interest (again, not taking sides and I don't believe we are getting the full story either). It would be interesting to hear the other side.
http://www.pbcountyclerk.com/courtservices/circuitcivil/circuitcivilmission.html
http://www.pbso.org/index.cfm?fa=csb
A quick search of the county records failed to show any cases against the alleged offender, so if he was sued before, it appears it was out of county.
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