Irish

iTrader: (3)

i had a few pm's about what ever happened about my small claims suit towards nismo1989. for those who dont know or dont remeber, i bought a stillen body kit of of him, and well never got it. he refused to give me a refund so i was forced to take legal action. i filled a small claims suit and the time came for court. nismo1989 didnt show up and i was awarded $610. 2 days after the court date i recieved a notification of bankruptcy that had been filed 2 days before the court date. basically i got screwed. i was considered a creditor to nismo1989 so technically the debt was erased. but i figured out on my own that hes not getting away with this. the money order in which i sent the money to was to NismoRacing, not his name which for his sake and mine i will leave out. when i sued him, i sued his name, not the company, so i must go back and file another claim which will take another 4 months for court to come and try to get my money back that way.


take my advice! im young and got taken advantage off. learn from me. check the business with the BBB( better business bureau) if its not real, dont buy from them, i got raped out of 6 months of work by this guy, dont let it happen to you. i hope that i can get my money back but theres no guarentees. this hurts bad, especially when you put trust in to someone who promised it would be there in 3-4weeks and that was in march of last year. this whole situation sucks and i can think of tons of things i could use the 560 bucks on. i just hope this guy gets what he deserves, a nice swift kick in the BALLZ! i know he has had some friends on here but i dont give a da*n, this guy is a creep and STOLE money from me(17 years old) there is no excuse for taking money that was suppose to be for a product and using it to pay off personal debts. this is the low life scum we all must look out for. they seem normal until they turn on you. watch your self and i hope everyone has better luck than i did.

moderators- sorry if i upset you in any way.

oh and p.s.- if anyone wants to start a fund for me, like a pity fund, ill take em

Jay93SE

Man, that sucks! Hope it works out for ya. As far as the pity fund goes, good luck. We all need one!

bonzelite

iTrader: (2)

i've been burned worse than you on the internet before. so i sympathize with you, and am proud of you for taking legal action. it is a learning experience. and that is the gift in it.

you will more than likely never see your money. you spent it on the lesson here.

internetautomar

iTrader: (30)

Now, I can't / Won't comment on your particular case.
I for one am not listed with the BBB But as many here will attest I am an honest business man.
So I suggest that everyone look at references before buying things on-line, any joe blow can setup a website and sell things or even worse post on a forum to sell stuff.

Chris Gregg

iTrader: (59)

Always do your research. However, it's still sad that despite being part of the BBB, it still does not ensure good business, only that some have complained and whether it was resolved. I got burned for $1,300.00, filed a complaint with BBB and the company just lied. BBB had only 1-2 pior complaints and they had all been resolved, not mine!

90SEBlack

Lets find him and burn him at the stakes. Steal his car and sell it give you your $600 and donate the rest to the .org. Just a thought!!

Walka

i can attest for internetautomar. great to do business with you. my product arrived yesterday!

if you are buying on the internet, make sure you know who you are buying from. if its a web-shop like you mentioned, they better have some credentials in order to be legit. on a more personal basis, if the seller is a know veteran on a particular forum, then you can be assured that all is well.

i recently did business with internetautomar and the consideration of fraud or scam never crossed my mind. in fact, ive done business with a few individuals on these forums quite a few times. ive done transactions with awsm66, internetautomar, kaleb, and i would have no reservation sending money matt, craigb, brandon, klown, or jeff's way (to name a few) for parts and services.

bottom line is, if youve been around this board, or other smaller & more informative boards catering towards a specific generation , then you know how and who to do business with.

best of luck getting your money back, but i doubt you ever will. lesson learned my friend.

walk

subs1000w

ive only been F'ed once. it was on ebay and was only a 10$ slave cylinder that i didnt even need i was just buying it for a backup so i didnt really care but if it was 600$ i would definitly take action

reygarcia

iTrader: (9)

i wouldn't say that. look at what happened about 9 months ago with Little Piggie and the CAI's. john was known on this board and people even vouched for him.

EdzMax

Man, seems like there a few doggy guys there. I think the only people I would buy from, if I was still there in the US, is Matt & ASWM66(I think thats his name)! I was burned by one of my friends, helped him get sumthing & he took off, had to pay $2300!!! So I know how u feel about being F'ed. Like 1 of the guys said, lesson learned, I learned my lession!!!!

Michael

iTrader: (21)

Well that is the thing Nismo was a veteran of the board and had a good reputation but just all of a sudden decided to not follow through with his part of the deal.

We cant steal his car because it was already stolen. You will always reap what you sow is my motto.

Good luck but I doubt you ever see any of that money. The best thing to do is just throw his butt in jail for mail fraud. You will not get your money back but at least he will pay...then again you are not going to get any money back anyway I dont think.



Thanks for trusting me EdzMax...its AWSM66 btw (That is the license plate on my Chevelle...short for awesome 66). I would never rip anyone off. I have been ripped a few times myself but I will not go into that.

EdzMax

Sorry bro for misspelling ure name

mtcookson

iTrader: (2)

he's a good guy. a personal friend of mine. imo, he got screwed which in turn screwed everyone else who bought stuff from him. it sucks because now his name has been tarnished even though i'd put down my car and all my money to guarantee he's a good guy. he would not purposely be a cheat. whatever it was that happened was totally out of his hands and you both got burned for it. i'm just sad to see it has come to this.

Mike92GXE

iTrader: (2)

A GOOD GUY?!?!? You've got to be sh!ttin me. I don't care what someone else supposedly did to him, stealing $500 from someone who trusted isn't "good" Wake up man...

mtcookson

iTrader: (2)

if someone took all your money to where you couldn't pay anything back would that be considered stealing from someone else when you owe them money?

i wouldn't think so. i think the thief is someone else.

EdzMax

Well, where DID Nismo1989 put that $500 from Irishmax92? Plus, isnt it strange that his car got stolen when Irish bought the kit??? Can u say dodgy....

Mike92GXE

iTrader: (2)

So, if you sent me $3000 for my car, and my car was stolen, and I didn't give you your money back that would be ok? Even if you sent me $3k and my car wasn't stolen but someone took the 3k from me, does that mean you don't get the car? because I don't have the money now?
"he got screwed which in turn screwed everyone else who bought stuff from him."
THAT IS TOTAL BS! The guy is a lowlife thief, if he was a man and let the kid know what happened that would be one thing but to just steal his money because he got screwed? The guy is a CROOK. I hope he gets what he deserves.

mtcookson

iTrader: (2)

jeez, its a never ending battle. i know what i know and i know the truth so i'm sticking to it. i'm done.

Bill Brasky

iTrader: (2)

i get your motor...

but other than that... i have nothing valuable to contribute... other than the fact that I haven't been screwed? O_o

ntjoe

I am not entirely sure that this debt can be erased by bankruptcy since it is fraud. You didnt loan him money, you bought something from him and he did not produce the product.

If I were you I would talk to an Attorney and check your rights. At the very minimum, if the attorney says you SOL, then you can go to the meeting of creditors and question him. Thats the right of any creditor in a bankruptcy. You can ask him in open court why he never sent a product to, what he did with the money that was to purchase the product, etc. Basically you can embarass him in court.

But seriously, since its fraud, you might be able to get him. Also, since it was a money order you mailed, you might also get him for mail fraud.

Just some suggestions, I worked for a finance company for a long time so I know bankruptcy laws somewhat.

Good Luck! Let me know if I can help in any way.

Joe

Jeff92se

iTrader: (82)

Mt. If your buddy gets his car stolen, that's a sad thing. I feel for him. Where was his insurance???

But that doesn't give him the right to keep everyone's money. It's pretty clear that he declared bankruptcy to get out of the lawsuit against him.

ntjoe

Exactly. The more I think about it, the more I feel that if you pursue this criminally, he will have to pay restitution if found guilty. Bankruptcy, if I'm not mistaken, dosent discharge restitution payments, but I'm not sure. Since you sent him a money order for a certain amount to BUY something (not a loan) and he never sent it, its fraud. I assume you have all your documentation on it.

Seriously, talk to you local prosecuting attorney or police and they can tell you how to proceed.

Good Luck! Joe

Jeff92se

iTrader: (82)

You know if he doesn't have any $, then he doesn't have any $. No court order will change that. Criminal charges are all that's left. But you are still out the $. If he's young and living at home, I'd get the parents involved. They are the ones that might be able to help.

MT. If you are that good of a friend and know what's going on, don't you think an detailed explaination is at least owed to the guy that lost $500+?

ntjoe

But, if he sentenced to pay restitution as part of his sentence criminal case, and he dosen't pay, he WILL be sent to jail. Usually he will be sentenced to probation and required to pay back the money. If he dosen't pay it within the predefined time, he will lose his probation and serve time. I truly believe given the opportunity to pay or go to jail, the choice would be clear. He could set a payment arrangement with the court to pay over time. Slowly is better than nothing.

Jeff92se

iTrader: (82)

Required to pay doesn't = will pay. If he doesn't have the $, he will just go to jail(which I doubt will be for very long ie.. a day or two). Plus look at all the time/effort spent for basicly nothing. So let's say he has to pay. It will be based on what he can afford. I had a guy owing me about $2000 once. I got checks for like $10 a month for years. Woo-hoo! hehe

It would be MUCH better just to go after his parents.

ntjoe

All good points. I didnt think much about the $10 a month scenario. I assume he was under 18 at the time this happened? You're probably right, if you were able to pursue the parents, you'd probably get better results.

Thanks, Joe

mtcookson

iTrader: (2)

i would if i could (if he gave me permission to along with other things) but i can't. reason being is he couldn't tell me the detailed explanation. all i know is everything went downhill for him whenever he got divorced and did all the court stuff for that. i think he pretty much got screwed out of a lot of crap from that, but like i said i don't know the exact specifics. what i do know is he is a good person and would never do something like this intentionally. if he didn't give you your product nor money back it is because he absolutely could not do it. if he had the ability to do either, he would do it. take what i say as you will.

Jeff92se

iTrader: (82)

Well I don't really have a stake in any of this so I won't pry. But if I was the guy that lost all the $, I'd be pretty angry (to say the least). Without an explaination, they are left to fill in the blanks.

mtcookson

iTrader: (2)

if i remember correctly there is some court order or something like that that is keeping him from talking about it. i don't know enough about the law system to know anything about that. i just know he's not allowed to talk about it and therefore couldn't tell me anything about it. gotta love the ****ty *** law systems these days. too many damn liberal judges

mtcookson

iTrader: (2)

if he is not supposed to talk about it per the order of the court and does, that would make him contempt of court. this means: http://www.lectlaw.com/def/c118.htm

who would you rather **** off... an individual or the government?

Irish

iTrader: (3)

i see my post was deleted, thanks moderators......mtcookson, why must u protect this man? he is scum, plain and simple, he didnt even have the guts to tell me man to man what was going on. that is weak and childish. this is not a GOOD man we speak off. he is scum

mtcookson

iTrader: (2)

i say good things about him because i know him personally and know he is not scum. i'm pretty sure all the people that know don't think i'm scum. otherwise they probably wouldn't want to hang out with me or anything.

Mike92GXE

iTrader: (2)

he did steal the money intentionally. He didn't accidentally slip on some ice and sell a kit to someone and keep the money. All of that **** would not have happened in the week that it takes a money order to get somewhere. He could have put it right back in the mail. And it sounds worse when you get to changing the story, first he was screwing over INTENTIONALLY because he got screwed over and now this bullsh!t.

xdannyx25

its been over a year, he should be able to pay you now. i see were mt is coming from trying to back up his friend, but it still doesnt justify why he never paid you back your money or even gave you a decent explaination, basically try to work something out.

ntjoe has some good points

DA-MAX

iTrader: (10)

I agree with everyone else...this is unacceptable. I knwo he might be your friend mtcookson, but lets be real...when you take someones money for services/products you have 3 choices:

a) deliver the product
b) return the money
c)or if the money can't be returned, work something out with the buyer(not run and hide like a *****)

anyone with common sense knows, never spend your customer's money before you deliver the product...or if you do, have a backup of at least 50% or so. he is at fault 100% and there is no excuse for him AVOIDING the people he wronged...at least be man enough to inform them of your situation...in my eyes ANYONE who does that is a scammer, maybe not intentinally since things may have popped up on him without warning, but when money is taken and the seller doesn't communicate that is a scam!!!

Irish

iTrader: (3)

mtcookson, will you pay me since you know this man personally?

mtcookson

iTrader: (2)

i have a question for you... have you actually ever talked to him or did you find out that he couldn't get you your money and immediately go after him with law suit?

Irish

iTrader: (3)

i called him every day for 2 months. i order the kit in march, called and put up with his excuses and bull****for another 5 months till august, and then filed the law suit. yes i called him, and left so many voice mails i filled up hims inbox i attempted to talk to him, but like i said, he hid and never returned my phone calls, never answered the phone and never talked to me. I TRIED. i gave him the chance, for 5 months i gave him a chance to talk to me and to figure out what was going on. he never once answered the phone or returned my calls.

DA-MAX

iTrader: (10)

*cough* scammer *cough*

sorry, but theres no getting around it....

Knight4

One of the wisest things that I ever heard was that "Your word is your bond and once you lose your credibility with somone by not keeping your word, you have lost everything".

I don't know that continuing to debate this issue and slam nismo1989 accomplishes a whole lot, except that we should all take heed and be careful with our committments and promises that we make...

Just my .02... ;o)