FRAUD ALERT: ERIC IVINS, SOUTH CENTRAL HERPETOLOGICAL

Thanks for this everyone.

I have friends with attorney friends in Florida so will give that a try.

Ultimately if the funds are unrecoverable and to avoid using good money to chase after bad, what is appropriate punishment and at a minimum how do we ensure this doesnt happen to anyone else?

check out the FB page.. seems like even after the last official post.. oh well shutting down but will honor orders.. Lots of people still waiting..

Originally Posted by bcr229

Step 1: Retain an attorney in Florida to write a "demand letter" to SCH for the $3,000 that is owed, with a deadline for some sort of response.
Step 2: If no response or you don't like the response, the attorney can file suit on your behalf. Note that while $3,000 is under the small claims limit, with attorney fees the case will probably go to the state circuit court.

Of course, if they have no money to pay, then hiring an attorney is simply throwing good money after bad.

You could also come to the US yourself and file in small claims and represent yourself... but I imagine airfare isn't cheap.

This is a Small Claim, in Florida, Attorney's Fees, Costs, and Interest are excluded when determining jurisdictional amount.

It is very unlikely that Attorney's fees are recoverable in this type of case.

For the amount you sent it wouldn't be worth the effort. A lawyer will cost much more money, and time than what you sent. Not to mention IF(and probably will)the business filed for bankruptcy the best you will get would probably be a lien. A colleague of mine and I lost 3500 from the same sort of deal on a deposit. Animals never came in, phone never answered, emails gone unanswered to, and closed the doors. Sorry to say some of that was mine too. I moved on, I learned from it, I can't change it, nor will I or her put the negative energy into pursuing vengeance. Karma, will subside in the favorable.

Small claims is never a bad option, especially in a case like this. Attorney fees would be paid by the defendant if the plaintiff wins the case. I know some attorneys in FL I can happily refer you to should you need any assistance.

And, I'm a bit taken aback that no one else has said it - but I apologize on behalf of my American colleagues for the assumption that the country in which you reside influences your credibility somehow. Xenophobic assumptions should have no place here.

Originally Posted by xPantherx

Small claims is never a bad option, especially in a case like this. Attorney fees would be paid by the defendant if the plaintiff wins the case. I know some attorneys in FL I can happily refer you to should you need any assistance.

This is probably not correct.

I would highly encourage non lawyers to refrain from giving (bad) legal advice.

Anyone interesting in small claims court proceedings in Florida would likely be best served by actually looking up and reading pertinent info about it.

This may be a good place to start -> http://www.floridabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BFA62/$FILE/Small%20Claims.pdf?OpenElement

RULE 7.175.
MOTIONS
FOR COSTS AND ATTORNEYS’ FEES
Any party seeking a judgment taxing costs or attorneys’ fees, or both, shall
serve a motion no later than 30 days after filing of the judgment, including a
judgment of dismissal, or the service of a notice of voluntary dismissal. In the event of a default judgment, no further motions are needed if costs or attorneys’ fees, or both, were sought in the statement of claim.

Whatever that means. I'm no lawyer

Lloyd, as I said, above states that attorney fees can still be retrieved. Best bet like Rich said is to check state laws, which I did prior to my reply. Apologies for any confusion.

Eric treated me right. I had a successful transaction with Eric a few months ago, about March 2014 or so, and it we completely smooth. The turtles are just as advertised and they're very happy in their new pond. They arrived packed well and ate foods offered once acclimated. I'd buy from Eric again.

Mark