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Bad Guy FRAUD ALERT: ERIC IVINS, SOUTH CENTRAL HERPETOLOGICAL

Florida Legal

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..
 
bcr229 said:
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.
Click to expand...

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.
 
xPantherx said:
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.
Click to expand...

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
 
Celtic Constrictors said:
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
Click to expand...

xPantherx said:
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.
Click to expand...

Look guys, I've been trying to be polite here and give info without pulling rank, but you're wrong.


The procedure for claiming attorney's fees does not matter when there is no underlying right to fees for a particular case.

In Florida, attorney's fees are only allowed to be awarded from other party:

1 When applicable statute allows.
2 When a written contract specifically allows.
3 When a "common fund" exists.

2 is the only one which might apply here, and it is very unlikely.

Lloyd J. Heilbrunn, Esq.
Fla. Bar member since 1981.
 
Yo ....

1) Lloyd is correct where FL law is concerned.

2) The OP lives in Nigeria. Arguing about US attorney's fees seems petty at this point, is veering off-topic and does not help the OP at all..

Eric Ivins/SCH has shut down, made that fact public, and retained money that should have been returned to Oge Peters, the OP, a long time ago.

It ain't about attorney fees or nebulous interpretation of US (and not international) law.

Like Ed C. said, it's about "the people he screwed".
 
Any update here? The consensus was that Eric was shutting down, but he has been very active on Facebook lately, posting classified ads in a number of groups. I would hope some explanation would be available, but so far he hasn't offered anything despite reading this thread.
 
neilg said:
ya.. what happened to the OP?

is the OP the only one to have published a negative BOI on faunaclassifieds, or are there others?
Click to expand...

A number of users contributed similar experiences leading to negative reviews of the business. You may consider reading the thread from the beginning.
 
Update

I hired a US attorney that sent a demand notice to Eric a few months ago, still no response. It seems further legal action is now the only route...
 
i applaud u, OPeters for being apparently the 1st on FC(?) to not only be the only one(?) to bother to create a BOI entry for your negative experience with SCH/Eric.

it perplexes me how only after u appeared on the forum earlier this year, then did other existing FCers 'bother' to share their experiences- some of which dating back months and months prior to your own experience, unless i'm mistaken.

i would think considering the credit card and time constraints, one would be haste (but not pre-emptive) in drawing the line between understandable delays vs serial shady stalling for time as likely often seen with scammers accepting paypal for instance, 'delaying' shipments for livestock they may no longer or never owned, knowing now that paypal has shortened its time limit for filing disputes from some 60 days down to 45 and i would not be surprised if sometime in our lifetimes paypal reduces those timelines further.

in your case of international bank wires obviously u did not have the buying protection offered by a 3rd party (ie, credit card company, or visa/mc, or paypal, or escrow service) and its good to see u have not been exhausted by the agony of being scammed but instead continue on with the only legal recourse available - distance being overseas - by retaining legal services..

i wonder what your attorney(s) think of this character between his Judge Judy verdict in public mainstream media already as well as his masquerading as a Christian pastor/clergy/leader?!
 
i wonder what your attorney(s) think of this character between his Judge Judy verdict in public mainstream media already as well as his masquerading as a Christian pastor/clergy/leader?!
Click to expand...

That would be Rian Gittman from the "Underground Reptiles Stay Away!" thread. :)
 
Killer Dragons said:
Thats fine and dandy but what about the people he screwed?
Click to expand...


He's allowed to share his input, Ed. Just like you did in the Underground thread:

Killer Dragons said:
Called Rian Gittman Monday 10/13 to discuss my issue with him hoping to come to an agreement.we agreed on a settlement.

He stepped up and made things right with me.

Thank you Rian.
Click to expand...

People are allowed to share their experiences be they good or bad. Nobody held your feet to the fire in that thread, so you don't get to do it in this thread.
 
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