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Bought DJ Equipment privately. Owe 2 payments, Having issue.

Discussion in 'Small Claims & Municipal Court' started by jamesokonnor, Aug 31, 2017.

  1. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    Jurisdiction:
    Texas
    I purchased some DJ equipment, the total cost was $3500. I paid $2500 in cash which I got a receipt for, showing that I had no payments left. Later I signed an invoice notarized, stating if payments were late the sale would be discontinued and items would be picked up.

    The first payment is tomorrow and I am unsure what to do.

    First off I tried adding the equipment to my insurance. One of the pieces does not have a serial #, so I cannot insure it (this scares me as why is the serial # missing?). This is stated as an illegal item on ebay since the serial is removed, so if I wanted to sell it there or anywhere legal it would be impossible.

    I contacted the seller, and he said he would check his notes and let me know about the serial #, not budging he wants his payment no later than date on invoice.

    My worry is, I have paid for most of this equipment. I have a receipt saying I paid $2500 Sold as is, no returns, but shows no pending balance and then invoice.

    Can they come with police and take my equipment or do they have to go and file in small claims court? I wan't to make the payment, but I am scared that I am buying either stolen equipment or something else that they don't want that serial # to come back as and now I am in a predicament.

    Any suggestions.
     
  2. army judge

    army judge Super Moderator

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    At present this is a civil matter.

    The police won't bother you because some dude claims you we him $1,000.

    Yes, dude, can sue you.

    However, suing you is nearly impossible, unless dude lives in Texas.

    Even if dude lives in Texas, he'd have to sue you in county, place, and precinct where you reside.


    For a lousy grand, that makes you al out bucket proof.

    Even if dude sued you, got a judgment, he'd still have to collect.

    The court won't collect for him.

    Collecting is harder than suing.

    Plus, there's the old elephant in the room, the stolen items.

    Even a 10 year old knows an item with filed off serial numbers is probably STOLEN.

    If I were you, I'd block dude from contacting me.

    I might even consider contacting the cops.
     
  3. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    So if I contact the police and tell them the situation are they going to come get the item since an item without a serial # could be stolen?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    I can't read your paperwork from here (you can upload copies if you like) but I suspect that your receipt is just for the first payment and the invoice is your purchase contract.

    If the invoice gives the seller the right of repossession then, yes, the seller can come and reclaim the items if you don't pay the balance. Whether he needs the police or not depends on how much of a hard time you want to give him.

    As for being concerned about a possible stolen item, being concerned doesn't give you grounds to breach your contract. You would have to have proof that the item was stolen. That eBay says it's an "illegal" item doesn't mean squat in the real world.

    You are welcome to call the police and make inquiry about the item but I suspect you'll just have to pay your balance and take your chances.

    As for the insurance, I'm a retired insurance pro and might be able to give you some suggestions if you answer the following question:

    1 - What kind of insurance are you trying to add this equipment to?
    2 - What would be the cost of replacing that one item with a comparable used one?
     
  5. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    The main issue is that I cannot legally sell this, I cannot go to Ebay and sell it. It would all have to be done on the black market. I couldn't go to a used DJ equipment store and sell it. No where legally I would be able to sell the CD Deck. The cost to currently replace the item would be between $1500-1800 USD.
     
  6. army judge

    army judge Super Moderator

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    No one can predict how any particular police agency will act.

    In New York City, the police will ignore you.

    In Dimebox, Texas, the police will respond.

    In what state does the seller reside?

    If its in a state outside of Texas, forget about being sued.

    Texas is a debtor friendly state, and the dude would have to come to yoru county to sue you, in the place and precinct therein.

    If the dude is in Texas, same thing, dude has to sue you in yoru county, place and precinct of the JP where you live, or the Muni Court.

    I see you're in LAX.

    Dude would have to come from Texas to sue you LAX, too.

    Not happening over a lousy "G".
     
  7. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    I am from California currently living in Texas.

    Texas Penal Code - PENAL § 31.11. Tampering with Identification Numbers

    (a) A person commits an offense if the person:
    (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property;  or
    (2) possesses, sells, or offers for sale tangible personal property and:
    (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated;  or
    (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated.

    This is a class C misdemeanor in Texas
     
    Last edited: Aug 31, 2017
  8. army judge

    army judge Super Moderator

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    If the seller resides outside of Texas, or even in another county in Texas, I doubt that the police will pursue this.

    Class C misdemeanors in Texas are punishable by a fine of up to $500. There is no jail time for a class C misdemeanor. Any misdemeanor that is not designated as Class A, B, or C, and has no specified punishment is a class C misdemeanor. Theft of property worth less than $50 is a class C misdemeanor.

    These are crap crimes, dealt with in JP courts.

    The smart play is never to buy junk from eBay, its a scammers paradise, mate.
     
  9. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    Actually this purchase was made locally he lives in another county. He is a well known person with a well known company. I doubt he wants to tarnish his name and business for selling an illegally tampered piece of equipment.
     
  10. army judge

    army judge Super Moderator

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    Then call the popo, and see if they gogo.
     
  11. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    I am just going to say I want a refund and if not, then tell him he isn't going to get any payment or else I will report it to the police.
     
  12. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    What's even worse for him, is that his sister is the Notary who stamped the invoice I signed. Without him even being there to sign for it, this was done after the purchase. So now she is an accessory to the fact and can lose her license.
     
  13. army judge

    army judge Super Moderator

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    It'll never get that far.

    I suggest you cut off all communications.

    Don't call him, don't contact him.

    Block his calls.

    Remain silent, don't tip your hand.
     
  14. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    What do I do when they come to pick up their gear as stated in contract.
     
  15. army judge

    army judge Super Moderator

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    You don't have to allow him onto your property.

    If it worries you, pay him the $1,000.

    Otherwise, wait and see.

    He's a scammer.

    Scammers dislike being outed, so they tend to avoid conflict.

    You don't have to answer your door.

    You certainly don't need to allow him into your home.
     
  16. zddoodah

    zddoodah Well-Known Member

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    Well...it obviously wasn't impossible for the person who sold it to you, so why would it be impossible for you to sell it? eBay's rules don't apply anywhere other than eBay.

    I'm not sure who "they" are. The seller could, conceivably, report the matter to the police and claim it's stolen, and the police may or may not act on such a report. I would imagine, however, that upon you showing the police the sale documentation you mentioned, the police would discontinue their investigation. Repossession of the equipment would be legally impossible without a court judgment.

    Needless to say, we have no way of knowing whether you're being reasonably suspicious or unreasonably paranoid about the scratched off serial number. However, the time to be concerned about this was before you bought the equipment. At this point, if it turns out the equipment was stolen, it would be confiscated, and you'd be left to sue the seller for the $2,500 you already paid.

    I can't imagine they would do that, but we have no way of knowing what some unknown police department in Texas will or won't do in response to a hypothetical report. All I can say is that lots of things could be stolen, and I doubt most cops would assume a scratched off serial number means the equipment was stolen.

    There are lots of places other than eBay and "the black market" where you can sell things.
     
  17. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    Thanks for the reply's guys under Texas Penal Code - PENAL § 31.11. Tampering with Identification Numbers, he illegally sold me an item in Texas which is a Class A Misdemeanor. He is in this business and should know this and these serial numbers on these equipment are everything as that is how you get warranty for them, insurance, etc. Not having them devaluates the product to almost nothing.

    It's documented in text and Facebook messages where he replied saying he was unsure why it didn't have a serial number but he would send me it on Wednesday. This could be any random serial number, my lawyer told me to stop all contact with him. This has inconvenienced me enough, I will let the court handle this now as I have lost all trust in this individual and could not trust any transaction going further.
     
  18. army judge

    army judge Super Moderator

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    Hmm, where have I heard that before? :D :p
     
    jamesokonnor likes this.
  19. jamesokonnor

    jamesokonnor Law Topic Starter New Member

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    UPDATE:

    My attorney contacted him by telephone and told him we were ready to go to court to settle on the situation as the item was sold illegally. He said he would happily refund the money, as his company does refurbish items damaged the bottom plate that contains the serial number can get corroded and people want to get it replaced. With the new one you don't have the Serial number engraved in it.

    He also offered he would give me a new CDJ with serial # and allow me to check it for any defects before payment.

    I agreed, so it all worked out.
     
  20. army judge

    army judge Super Moderator

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    Oh the yarns people spin.

    Glad to hear things turned out to your satisfaction.

    Next time, be very careful, don't get bamboozled anymore.
     

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