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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
07-18-2006, 09:35 PM
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#11
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Quote:
Originally Posted by Mattsgecko
Date: Sat, 1 Apr 2006 13:01:07 -0800 (PST)
From: "Matt White" <mattsgeckos@yahoo.com> View Contact Details Add Mobile Alert
Subject: Matt White Returned Animals. ATTENTION. IMPORTANT INFORMATION ATTACHED
To: scott@scottsserpents.com
Terry Scott,
My attorney has contacted you and you have not
complied with our verbal agreement of sending the
animals back. I will be forced to sue you. You WILL
BE being charged with Theft by check and Fraud by
Check. Both of these are felonies since the price of
the animals exceeds $250.00. What this means is that
I can place a lien on your house car, or property. If
your parents still claim you I can place a lien on
their property. A lien is a binding contract you can
not get out of. Once a lien is on your credit score
you cannot buy anything that involves credit like a
car, house, cell phone, credit card, electricity, etc.
until the lien is paid. This also hurts your credit
score severely. Another thing is that Anna Marie Cova
will also be sued with a felony charge because the
check is in her name. FELONIES DO NOT LEAVE YOUR
CRIMINAL RECORD. You will have to place a check mark
by "Have you ever committed a felony" every time you
fill out an application. Once I sue you, the cost to
you will greatly increase, you will be responsible for
all court costs including but not limiting the price
of my airline ticket to California, hotel costs, and
attorney fees. The $420 that you owe me will increase
to well over $1,000. Then after getting my animals I
will demand a 35% restocking fee. If you do not pay
the restocking fee then you will be sued again.
RETURN THE ANIMALS I SENT YOU OR PAY THE $420 YOU OWE
ME. YOU HAVE TILL SUNDAY NIGHT 4/02/06 TO REPLY. I
AM VERY WILLING TO PERSUE THIS IN COURT. CALL ME.
SINCERELY,
MATT WHITE
VMWREPTILES.COM
706-888-6287
Matt White
VMWREPTILES
706-888-6287
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Matt, aside from how you shipped and how you were willing to accept payment, allow me to give you some advice.
First, you would be better served , if you indeed have an attorney, to let him do all the interfacing with Mr. Scott. Honestly, besides the fact that any lawyer worth a damn would be sure that all correspondence would be sent via registered letter, your e-mail doesn't you any favors. You mix up two different courts of law in your e-mail, and the whole thing sounds like someone hoping to scare him into paying. You can't "sue" someone with a felony. A felony would be pursued in a criminal court. If you sued you would be attempting to recoup your losses in a civil court. If you win in civil court then you can get a judgement against him which will be added to his credit report. Using that judgement you can attempt to get a lien against any property that he has, assuming he has any property. The lien will not be on his credit report, only the judgement, but the lien would show up in a title search if he was attempting to sell the property later, and he would be forced to satisfy the judgement prior to selling the property. Also, while his interest rates would be much higher, don't kid yourself into thinking he won't be able to buy anything with a judgement on his credit report.
My advice, stop pretending and get an actual attorney for two reasons, one to further your attempt at getting your money back from Mr. Scott and two to give you legal advice should the USPS come around asking about what you shipped through them.......
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07-18-2006, 09:49 PM
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#12
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it's the law but...
Quote:
In § 124.211 b of the Domestic Mail Manual all snakes are specifically prohibited from being sent through the mails, and they will prosecute you for doing so.
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has anyone ever been prosecuted for such...lots of people like to throw it around like it's common or something...but funny I can't find a single person who has ever heard of anyone being prosecuted for shipping a snake...
not condoning it but honestly I really doubt they would go after someone unless it was venomous, got loose or someone was hurt.
Just my opinion... and please don't take my opinion to heart and try shipping USPS!!
It not ethical or legal!!
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07-18-2006, 10:05 PM
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#13
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Quote:
The lien will not be on his credit report, only the judgement
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I realize this is only part of the point you were making Sam but liens do show up on your credit report. I see 10 credit reports a week and there are tax liens, utility liens, rent liens etc. Part of the credit report is public records.
Justin, I don't know if anyone has ever been prosecuted but it would be pretty difficult to scare someone, in the fashion that Matt attempted with his letter, when he also is guilty of a felony. Certainly Terry's lawyer, if it went that far, would have a field day with that one. If I were Matt I wouldn't risk it.
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07-18-2006, 10:13 PM
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#14
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Quote:
Originally Posted by kmurphy
I realize this is only part of the point you were making Sam but liens do show up on your credit report. I see 10 credit reports a week and there are tax liens, utility liens, rent liens etc. Part of the credit report is public records.
Justin, I don't know if anyone has ever been prosecuted but it would be pretty difficult to scare someone, in the fashion that Matt attempted with his letter, when he also is guilty of a felony. Certainly Terry's lawyer, if it went that far, would have a field day with that one. If I were Matt I wouldn't risk it.
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I stand corrected, thanks Kevin.
I guess I should have stayed at that Holiday Inn Express last night!
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07-18-2006, 10:14 PM
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#15
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I AM GOING TO POST THIS AGAIN: READ THIS
I really DO NOT care if I get that money. I just DO NOT want the same thing to happen to you guys. So please thank me for the warning and please stop telling me what I have done wrong. I GOT IT. STOP. THANKS.
DO NOT kill the subject of illegal shipping or anything else. This a warning. THANKS.
AGAIN PLEASE DO NOT TRY TO POST UNLESS IT IS TO COMMENT ON HIS WRONG DOINGS: THANKS.
TO CLARIFY A CRAP LOAD:
I KNOW THAT HE ALREADY HAS A POST BUT THIS IS CONCERNING A DIFFERENT INCIDENT. I WANT PEOPLE TO KNOW.
I KNOW THAT SHIPPING VIA USPS IS A FELONY THAT IS WHY HE WANTED ME TO SHIP IT THROUGH THEM.
I WOULD BE HAPPY WITH GETTING INTO TROUBLE IF HE ALSO GETS INTO TROUBLE.
THIS IS A WARNING TO TELL OTHER HERPERS TO NOT DO BUSINESS WITH THIS JERK.
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07-18-2006, 10:30 PM
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#16
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Quote:
Originally Posted by Mattsgecko
[
AGAIN PLEASE DO NOT TRY TO POST UNLESS IT IS TO COMMENT ON HIS WRONG DOINGS......
I KNOW THAT SHIPPING VIA USPS IS A FELONY THAT IS WHY HE WANTED ME TO SHIP IT THROUGH THEM.
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I really think that once you post here, you cannot direct others what to say. I also think that if someone else wants you to do something illegal, you should probably say no. In fact, the law generally takes the position that they will not enforce illegal deals.
If this is a criminal action, prosecutors have a great deal of leeway, and I just can't see this going to court considering your illegal ship, unless *he* deals out by agreeing to nail *you*.
Oh yeah, don't ship snakes USPS anymore.
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07-18-2006, 10:31 PM
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#17
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Matt you left out the . ........
Hey Matt, everyone appreciates when someone gives them a heads up regarding someone. So thanks. Sometimes posts are made just for general interest. To increase awareness etc. You really don't get to choose what is written here, just because you started the thread.
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07-19-2006, 12:07 AM
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#18
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Quote:
AGAIN PLEASE DO NOT TRY TO POST UNLESS IT IS TO COMMENT ON HIS WRONG DOINGS: THANKS.
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So here is what you are asking from us. You recognize that you committed a felony first but you don’t want us to comment on it. You just want us to focus on the money that’s owed to you.
Sorry but it doesn’t work that way. People here can freely express their opinions. We do appreciate the fact of you bringing this guy’s illegal activities to our attention. No one defends this individual. He scammed you and you deserve your money back, no ifs or buts. But shipping snakes illegally is something that concerns and affects ALL of us. And bear with us that it was you who shipped illegally in the first place or are you saying that you shipped USPS under duress? You said:
Quote:
I KNOW THAT SHIPPING VIA USPS IS A FELONY THAT IS WHY HE WANTED ME TO SHIP IT THROUGH THEM.
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So you knew you were breaking the law and nevertheless did it? Don’t you think there’s something wrong with that picture?
Thanks.
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07-19-2006, 12:39 AM
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#19
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Matt, sorry about the bad deal and thanks for sharing your incident with Scott.
There are a few things I would like to address:
Quote:
Originally Posted by Mattsgecko
Once I sue you, the cost to
you will greatly increase, you will be responsible for
all court costs including but not limiting the price
of my airline ticket to California, hotel costs, and
attorney fees. The $420 that you owe me will increase
to well over $1,000. Then after getting my animals I
will demand a 35% restocking fee. If you do not pay
the restocking fee then you will be sued again.
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I have heard over and over of people trying to sue another for their cost to sue that person. I have yet to hear of anyone being awarded by the courts for the costs that were spent in suing an individual. So i would like to know if this has been successful.
This restocking fee, Matt, was Scott aware of your restocking fee before you shipped him the animals? I do not think you can demand a restocking fee if there was not one in place before an agreement was made for him to buy the animals. IMO, that would just be petty.
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07-19-2006, 09:19 AM
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#20
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If everyone was to read what they are writing they would realize that they are saying the same thing. I guess repetition in key to everything. I am not trying to limit what everyone is trying to say I solely want it to be recognized that Terry Scott of scottsserpents.com is a bad business man and should not be trusted.
SO...I RENIG ON WHAT I SAID. KEEP THE REPETITION. ITS FUN TO HERE THE SAME THING FROM 200 DIFFERENT PEOPLE. I DO NOT CARE AS LONG AS TERRY SCOTT LOSES BUSINESS.
SORRY K MURPHY HERE IT IS CORRECTLY.
MATT WHITE
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