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  3. 1017799222

I need help with getting monies back

I purchased an amplifier from small amplifier manuf. in Lubbuck TX back in Nov. of 2001 and returned it for a refund in about 20 days of receipt. I shipped it by FedEx 3 day air insured for $2,500, the purchase price. About 5 days later, the owner informed me that he never received the amplifier. I immediately contacted FedEx and they did show delivery confirmation, although they have a release of signature on file so they left the amplifier at door. The owner claims that no release exsists so it was my responsibility to file claim but also stated that in the event that the claim was denied he would pay.

Well, I filed a claim and it was denied in Feb. and then followed up with an appeal which was also denied based on the fact that FedEx maintains that there is a valid release of signature on file.

Two weeks ago he sent a personal check to cover the 2,500 but stated that he needed a large order to come in, in order to cover the funds. I have repeatedly called his bank and they state that there are insufficient funds. What should I do at this point??
I think I have been more than patient in this matter. It is now over 5 months since the return of the amplifier.
Ag insider logo xs@2xlhunsic105
sktn77a
41 posts
 
Well, if he's bounced a check for $2500, he's in BIG legal trouble now - it IS against the law! Advise him of this and that you intend to file a complaint and start legal proceedings. The guy is a crook and needs to be treated as one.
speakerdude2000
44 posts
 
Greetings Lhunsic, First you need to deposit the check into your account and have it returned, stamped NSF, then you hand it over to the D.A. and they will take it from there and usually get your money to you rather quickly. In the mean time I hope you have a back-up amp so you have your system running.
ljgj
955 posts
 
I agree with Sktn77a - go after the hot check writer.
jvr
105 posts
 
i agree with sktn77a. i would call the d/a in lubbock and tell him you are holding a 2500$ nsf check for the mfg. which i believe is a felony in most states (depends on the dollar amount). or explain this to the mfg and make him send you a money order to replace nsf check. if not proceed with the above.

i have collected money this way (not from audio gear but other things)

if you are going to be a mfg....then you need to secure a cash flow system to maintain operations....or do not go into business. that is what the make banks for.

anyway. good luck jim
herman
2,254 posts
 
This is a legal question, not a stereo question. You need the advice of an attorney, not an audiophile.
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