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Bad Guy Sara klepeisz bad guy

pmp187 said:
What would I be kidding about. The fact I would persue this. Just to make a point and cost her money to take days off from work waste gas to get there. She would probably think twice before she backs out after a winner has won
Click to expand...

Why? Why should the OP waste time, take days off work and get precisely no where. No money changed hands, he has not lost a dime. The only thing that has been lost is the integrity of auction holder, Sara Klepeisz.

He did the best thing possible. Start a BOI thread, alert people of the issue, and provide evidence that she did not handle the auction in accordance with the terms.

Trying to take that to small claims court is utterly ridiculous.
 
P&A Pythons said:
What would I be kidding about. The fact I would persue this. Just to make a point and cost her money to take days off from work waste gas to get there. She would probably think twice before she backs out after a winner has won
Click to expand...

First of all, thank you for your extremely mature and insightful negative karma comment... truly, a stunning example of Internet machismo. I especially appreciated how you figured that my incredulity at actually litigating this situation was due to my being unable to afford a lawyer... or "coins" on FC, as if that has anything to do with anything. Not sure why the guy with the 800 square foot house that's only worth twice the amount we just spent on a basement renovation is lecturing me on what I can and can't afford, but suit yourself.

The fact is, there is nothing to be gained from filing a small claim on this, as anyone who's ever ever researched ANYTHING about filing a small claim already knows. Small claims are not CRIMINAL matters, they are CIVIL, and are not the "auto-win" cash generators that people think they are. First of all, you have to file the lawsuit in small claims court (plus fees), you have to hire a private process server to serve the defendant with the lawsuit (plus fees), you have to appear in court or have a lawyer do it for you (very $$ if you hire representation, and is NOT automatically granted a "+court costs" restitution if a judgment is won... and no lawyer in their right mind is going to take a small claims case on contingency), you have to argue your case with evidence, and you are then PERSONALLY responsible for collecting the money from the defendant, EVEN IF YOU WIN. Everyone always thinks that winning a small claims case means that the defendant gets thrown in jail unless they pay or something, but it's literally a judgment that confirm that the defendant owes the plaintiff the money the plaintiff claims is due, the courts do NOT get involved in helping you collect. In order to collect that debt, you either have to hire a professional collection agency (for a fee/%) or go through all the legwork for taking your proof of judgment to the Sheriff's office and having them issue a legal writ of garnishment or whatever may be appropriate for the situation.

For a situation where no actual fraud occurred, no money changed hands, and for the amount of $200 in money that was never actually spent? Yes, you have to be kidding.
 
Mister Internet said:
First of all, thank you for your extremely mature and insightful negative karma comment... truly, a stunning example of Internet machismo. I especially appreciated how you figured that my incredulity at actually litigating this situation was due to my being unable to afford a lawyer... or "coins" on FC, as if that has anything to do with anything. Not sure why the guy with the 800 square foot house that's only worth twice the amount we just spent on a basement renovation is lecturing me on what I can and can't afford, but suit yourself.

The fact is, there is nothing to be gained from filing a small claim on this, as anyone who's ever ever researched ANYTHING about filing a small claim already knows. Small claims are not CRIMINAL matters, they are CIVIL, and are not the "auto-win" cash generators that people think they are. First of all, you have to file the lawsuit in small claims court (plus fees), you have to hire a private process server to serve the defendant with the lawsuit (plus fees), you have to appear in court or have a lawyer do it for you (very $$ if you hire representation, and is NOT automatically granted a "+court costs" restitution if a judgment is won... and no lawyer in their right mind is going to take a small claims case on contingency), you have to argue your case with evidence, and you are then PERSONALLY responsible for collecting the money from the defendant, EVEN IF YOU WIN. Everyone always thinks that winning a small claims case means that the defendant gets thrown in jail unless they pay or something, but it's literally a judgment that confirm that the defendant owes the plaintiff the money the plaintiff claims is due, the courts do NOT get involved in helping you collect. In order to collect that debt, you either have to hire a professional collection agency (for a fee/%) or go through all the legwork for taking your proof of judgment to the Sheriff's office and having them issue a legal writ of garnishment or whatever may be appropriate for the situation.

For a situation where no actual fraud occurred, no money changed hands, and for the amount of $200 in money that was never actually spent? Yes, you have to be kidding.
Click to expand...

:iagree:

Amen brother.

Seems like he enjoys leaving negative karma, very mature little boy. Very mature.

The Judge Judy generation have no clue how the court system works. They only get what they see on TV and have no grasp of reality.

The OP stands to gain NOTHING by trying to take this to small claims court. He did the smartest thing he could do by starting a thread and alerting people of this sellers behavior.

No money changed hands, and this may be a good thing for the OP if the sellers appears to be shady.
 
Is she allowed to do this again here? Post an auction? and not follow thru? Obviously who knows if she would or not follow through now, but I would definetly NOT bid or entertain her business, Good Guy threads or not. While a lawsuit is a stretch (I do see that it'd be a pain and waste of time & money, hence 'punishing' her but alas it is the same pain for the one filing when money is still in hand) sometimes all it takes is one BAD judgement call via seller to lose potential business. What she did was wrong and using Fauna to do can hurt the auctions. Tisk. But don't waste your effort on her. What comes around goes around and at least you didn't send payment to her.
 
I'm not sure if she is banned from posting auctions or not. I don't think so. There might be something in discussion forums about auction related offenses. Just to keep this from drifting off topic.
 
I'm not saying you were off topic, but a discussion of how things should be handled with auctions would be. That's a whole separate thing from the interaction of the OP and Sara Klepeisz.
 
Ah, a pre-warning for a potential discussion? I only inquired as to if she was allowed to do another auction due to the fact she recanted on this one, and a person could see two similar creatures but only have enough $$ to bid on one, so if they "win" hers and miss out on a legit auction because she didn't follow thru, the bidder -while hasn't lost the cash for creature does lose another opportunity at a similar one from a real seller (one hopes!). This could be a discussion in an auction thread but I wasn't concerned about that aspect of it. More so the OP's feelings of wasted time and hope and another potential bidders concerns about the person they're dealing with. Many who just do a quick search might not have time to hunt down auction threads to find out if this offender was punished or if they even said sorry (haha ya right) or if everyone just shrugged it off. Is there a BIO for Auctions? I have to do some Fauna browsing, been busy. I hope the OP at the very least gets a public apology.
 
There is no specific BOI for the auctions, this is the place to do it. No, she is not currently banned (as members are not banned for bad business practices but rather for breaking the site rules). The auctions and how we deal with them are still in the trial period. However, if this seller does start listing things again, there is nothing against the rules to post a link back to this BOI thread as a heads up for future bidders.
 
mikepanzarella said:
would of been nice for her to respond to the bad guy thread so we can atleast hear her side
Click to expand...

I agree, some back story on her part would nice.

Also, in regards to discussion, I'm not saying don't talk about it. I just don't want to see what might be a great discussion topic bogged down in a BOI thread, that's all I'm getting at. -sigh-
 
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