Can I take legal action for petty theft?

Serien · December 2004

Here's the story.

A former moderator, Djin, replied to a thread I had created about helping me find a cheap tv. He mentioned that he had a spare one he could ship me if I paid him. So we worked out a deal, he would send the tv as soon as he received payment. Well I sent the 50 dollars. He confirmed he received it, and kept saying "I will get the tv". Turns out it's two months later, and he hangs up on me when I call. Does not reply my emails either.

I have all the information I might need if I were to take action, but I'm wondering, can I take action?

Here's the thread that started it

http://www.mmorpg.com/discussion.cfm/load/forums/loadforum/488/loadthread/22363/setstart/1/loadclass/35

and here is a post by him in that thread...

Djin <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

<?xml:namespace prefix = v ns = "urn:schemas-microsoft-com:vml" />

<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />9/20/04 4:20:31 PM

Novice Member

Registered: 4/10/03
Posts: 3150

"SHALL WE PLAY A GAME?"

It's a SOYO.

Wanna be Wal-Mart SOYO. I'm asking $30 and you pay shipping.

NO reason to ask for $400!

The following are emails between Djin and I.

From: Djin@mmorpg.com

To: MurtBijani@mmorpg.com

Sent On: 09/22/04 00:51

Subject: Re: tv?

How's it going Djin? Not bad... j/k

I've had a busy day, I will try to get it this week. Keep in there.

----Original Message----

When are you going to send the tv?

MMORPG.COM - Your headquarters for massive multiplayer online role-playing games!
Get your free @mmorpg.com e-mail address today! http://www.mmorpg.com

I don't accept VISA. I wouldn't even know how to accept it.

I know I can get the TV because the person that it was sold to has a $6000 TV.

----Original Message----

lol

do you accept visa?

or should i send cash?

----Original Message----

I have to go get it. I will...

----Original Message----

AHHH TVTVTVTVTVTV!

lol i have the xbox..but no tv! (of my own)

MMORPG.COM - Your headquarters for massive multiplayer online role-playing games!
Get your free @mmorpg.com e-mail address today! http://www.mmorpg.com

Matthew Fusco
23 Moore Ave.
New London, CT
06320-4915

I wouldn't send cash. Money order or something in those lines. . . I'm pretty sure it would be enough. I won't send the package via USmail, I'll ship it FedEX or UPS...

----Original Message----

Ok Im sending the money, just keep up your part of the deal!

and what's your address?

lol

MMORPG.COM - Your headquarters for massive multiplayer online role-playing games!
Get your free @mmorpg.com e-mail address today! http://www.mmorpg.com

From: Djin@mmorpg.com

To: MurtBijani@mmorpg.com

Sent On: 10/03/04 00:14

Subject: Re: just a friendly reminder

I haven't had time to go out and get it... I will try tomorrow and see what will happen

----Original Message----

of a certain electronic product

that is going to be shipped to my house..

lol

MMORPG.COM - Your headquarters for massive multiplayer online role-playing games!
Get your free @mmorpg.com e-mail address today! http://www.mmorpg.com

After that he has never replied any of my emails, and hangs up on me when I call. Can I do anything about it? It would be of great help.

It's not the $50, I'm over that. I coudln't care less. I want to make a point. A Large point. And I'm willing to take legal action.

Anything I can do?

cyrdaan · December 2004

don't know what u can do but i can say that it wasn't the smartest thing to do

maybe ask the police, i don't know.

Serien · December 2004

Yea i admit, it was pretty stupid on my part.

But I really don't care about the lost money, I care about making him say "I should not have done that"

I mean, I have pretty much everything I imagine I might need...and you have to keep in mind, I knew djin for more than a year! (thought he was trustworthy for keeping a deal)

metalfoxus · December 2004

you have his address, kick his ass

mercedes9799 · December 2004

yes, you can take action, you have all the info go find you a lawyer bud, you will get your 50 bucks back and then some:)

Serien · December 2004

Originally posted by mercedes9799
yes, you can take action, you have all the info go find you a lawyer bud, you will get your 50 bucks back and then some:)

hmm, sounds like a plan!

I should contact the family lawyer soon.

Originally posted by metalfoxus
you have his address, kick his ass

one problem..he lives half the US away, lol.

hey, anyone here live in CT?

eLeMenT^ · December 2004

lol murt u got rwnt ahaha alo1l1o l!L OMGO GKAO LGFOL GFa

Jourin · December 2004

who steals fifty dollars from a kid and in the process giving him enouogh information so he could do the legal way and hire a lawyre etc and sue, or do it the illegally way and beat the crap out of him

Disrupt · December 2004

weird, Djin gave me a power supply and a buncha software in the summer... for free at that

MasterIntel · December 2004

New London eh? Thats not too far from here.... Want me to pay him a visit

--Fear The Master--

The one, the only, Intelacer
AIM: MasterIntel88
MSN: Intelacer@hotmail.com

eLeMenT^ · December 2004

Originally posted by MasterIntel
New London eh? Thats not too far from here.... Want me to pay him a visit --Fear The Master--The one, the only, Intelacer
AIM: MasterIntel88
MSN: Intelacer@hotmail.com

after he sues pay him a visit ::::09::

Kiamde · December 2004

Djin has never seemed like a trustful person to me. He seems to always have a lot on his mind. It really was foolish in your part and you probably will never see that TV. Best report to the admin. You can't report virtual transactions to the police. Perhaps to your CC company, though.

-----------------

"The Job Of Art Is To Chase Away Ugliness" - Bono

sidebuster · December 2004

all you need is some liquir in some bottles and one cloth rag for each bottle and have yourself a cocktail party at his house. (im italian, we dont take shit from no body)

your other optoins are send him a fish, a dead horse delivered to his bed, concreate shoes, blueprints to a concrete building that is being made with an area circled were you can fit a body. and i can go on for days

oh yeah, or you can make him an offer he can't refuse...

Smelly_Armor · December 2004

I am not lawyer so take my advice for what it is, but I have had experience with both small claim debts and large debts being the past supervisor of several auto rental stores and the owner of one. This by no means makes me expert, and if you do have a family lawyer like you say you do, his or hers would be the best advice to take.

You can take legal action. It would be considered an offense to be settled in small claims court. Don't know about transactions over the net between two different states, but you should file the complaint in your state since you were the seller and the one in grievance. In Georgia, the legal term is called Theft by Deception, but it may be different in your state. For the amount of $50, this would be considered a misdemeanor. It depends on how much patience you have in getting your $50 back because it could take some time before your case went to trial. If you know his physical mailing address I would advice you to send a typed certified letter stating your grievance and giving notice that you will take legal action if he does not deliver said goods. I wish you the best of luck.

Finwe · December 2004

Who would of thought...

I think we all knew Djin was having some problems with what was recently happening in his life...

But I really didn't think he'd resort to petty theft.

----------------------------------------------------------------------------------------------------------------------------------------------------"The greatest trick the devil played on humanity in the 20th century was convincing them that he didnt exist." (Paraphrasing) C.S. Lewis

"If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

digitydarkman · December 2004

that sux murt, this is the main reason why i dont really deal with to many 3rd party sales over the net, unless i really know the person, or if its not to highly priced.

Serien · December 2004

Originally posted by RabidWerWolf

I am not lawyer so take my advice for what it is, but I have had experience with both small claim debts and large debts being the past supervisor of several auto rental stores and the owner of one. This by no means makes me expert, and if you do have a family lawyer like you say you do, his or hers would be the best advice to take.
You can take legal action. It would be considered an offense to be settled in small claims court. Don't know about transactions over the net between two different states, but you should file the complaint in your state since you were the seller and the one in grievance. In Georgia, the legal term is called Theft by Deception, but it may be different in your state. For the amount of $50, this would be considered a misdemeanor. It depends on how much patience you have in getting your $50 back because it could take some time before your case went to trial. If you know his physical mailing address I would advice you to send a typed certified letter stating your grievance and giving notice that you will take legal action if he does not deliver said goods. I wish you the best of luck.

yea that's a good idea, I'll type him a letter first, if he doesn't reply then I'll take legal action through the family lawyer. I can wait years for the cash, it's not the cash that matters to me, I just want him to say "$%@^".

Originally posted by digitydarkman

that sux murt, this is the main reason why i dont really deal with to many 3rd party sales over the net, unless i really know the person, or if its not to highly priced.

I knew the person (maybe not as well as I should have) and it was priced very low. lol

Originally posted by Finwe

Who would of thought...
I think we all knew Djin was having some problems with what was recently happening in his life...
But I really didn't think he'd resort to petty theft.

----------------------------------------------------------------------------------------------------------------------------------------------------"The greatest trick the devil played on humanity in the 20th century was convincing them that he didnt exist." (Paraphrasing) C.S. Lewis
"If a mother can kill her own child, what is left before I kill you and you kill me?" -Mother Teresa when talking about abortion after accepting the Nobel Peace Prize in 1979

aye I agree, it's kinda sad actually..if he needed money I would have sent him 50 bucks...lol, but by no means would I have expected him to fall short on a trade.

Originally posted by Kiamde

Djin has never seemed like a trustful person to me. He seems to always have a lot on his mind. It really was foolish in your part and you probably will never see that TV. Best report to the admin. You can't report virtual transactions to the police. Perhaps to your CC company, though.
-----------------

"The Job Of Art Is To Chase Away Ugliness" - Bono

Admin and meddle are very busy men though, I'd rather not disturb them for 50 bucks. And it would be on my credit card report, but he insisted on me sending a money order.

Originally posted by MasterIntel
New London eh? Thats not too far from here.... Want me to pay him a visit

--Fear The Master--
The one, the only, Intelacer
AIM: MasterIntel88
MSN: Intelacer@hotmail.com

Wanna make 10 bucks? lol

Kiamde · December 2004

Oh it was a money order. That is not good at all. That is lost cash and unless you can somehow use the emails in court as evidence, you can not do anything. Yes, it is sad.

-----------------

"The Job Of Art Is To Chase Away Ugliness" - Bono

Serien · December 2004

well then can I cause him expense?

I just want to trouble him, I really don't care about the money as much

Hey rabbid, how should I write that letter? like what format, and some good lines I should use? lol

madjake · December 2004

I'd say if you're going to try and take him to small claims court, do that.. but don't resort to anything petty and stupid. It sucks to lose 50 bucks but far worse things could happen. Report him and take the loss. If he still visits the site here, reading this thread will probably weigh heavily on him.

----------------------
Jake

I'd hate to die twice. It's so boring
- Richard P. Feynman, 1988

Kiamde · December 2004

Send him an email explaining the action and how you are a little disappointed in him not keeping up his promise and that he can keep the money because he seems like he may need it more than you do. Trouble him that way.

-----------------

"The Job Of Art Is To Chase Away Ugliness" - Bono

Coraith · December 2004

Haha Murt got owned, lets see what your governments gonna do now. pwned ::::18::

gizma99k · December 2004

Murt, its time for you to go on a roadtrip and bring a meta; bat, a rat, a metal bucket, some rope, and a small torch. What ya do is... beat him up with the bat, tie him up with the rope, put the rat on his stomach and the bucket over that then light the small torch or firey object and place it on the bucket, this will cause the rat to burrow into his stomach! You could also shove a size 19 boot up his ass and pull it out his nose... your choice!

Gizma

Hola!, I do not speak spanish but i can say hello.... is that a crime?

Blast · December 2004

this would never happen to me ::::12:: coz im stupid

digitydarkman · December 2004

Originally posted by Coraith
Haha Murt got owned, lets see what your governments gonna do now. pwned

gay
::::07::

Serien · December 2004

Originally posted by Coraith

Haha Murt got owned, lets see what your governments gonna do now. pwned

Don't worry, the justice system is amazing in this country. They will answer my call.

And I did send him an email explaining that I was dissappointed, bla bla bla..

I just need a proper, long, formal, very "law-ish" letter explaining that if he does not respond by either returning the money or sending the tv, he will get a letter from my lawyer soon

can anyone help me compose that?

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