ramona-quilter Posted July 29, 2011 Report Share Posted July 29, 2011 I haven't been on the chat for a while but I know some of you remember me. And those who don't know me will likely be able to put themselves in my shoes. I don't know who else to ask. Here's my dilemma. What would you do if you sold your machine...now I should say that the machine was well-maintained and loved for about 6 years and it was priced to sell with many goodies that went with it. So after some time the machine was sold but the buyer did not have all the money to buy it at once. The buyer asked to take the machine and pay the remainder by July 1. Well, you know quilters are honest folks so the buyer picked up the machine with the promise to pay the remaining $2,193 by July 1. Today is July 29th and no money yet. Lots of promises that the check was sent but not received. There were always reasons, excuses, etc about why the postal money orders (2) and another check had not arrived. I feel just sick about this. I had plans for that $2,193. I gave the buyer a good deal on the machine and I feel so betrayed. My daughter says that the non-payment is like she "stole the machine". I have called and texted her and she still reassures me that the money was sent on July 20th but here it is 9 days later. I just don't know what to do. What would you do?? Link to comment Share on other sites More sharing options...
quiltingnanny Posted July 29, 2011 Report Share Posted July 29, 2011 Oh No !! Have you had a face to face with her ? Ask for another check, in your hand, not mailed. Assure her you will destroy the one that was [? ] sent. I do hope it gets resolved, nobody can afford a loss like that. Sometimes you really find out about someone you think you know when money is involved. :( Hope it resolves soon !! Glenda Link to comment Share on other sites More sharing options...
Shar Schmutz Posted July 29, 2011 Report Share Posted July 29, 2011 Hi Linda, I remember you well, I feel for you, hope it all works out! Keeping my fingers crossed she really did send the money and it's just delayed. Perhaps if she lives close enough, you could drive over and pick up the CASH in person. Tell her to cancel her check as you haven't receivced it. Good luck. Link to comment Share on other sites More sharing options...
Quiltsinmotion Posted July 29, 2011 Report Share Posted July 29, 2011 Linda [i do remember you ] I am so sorry that this has happen to you . Hope that you have a happy ending . We are just too trusting sometimes , always being the nice person . If the check doesn't come I would go load up the machine with a friend . Link to comment Share on other sites More sharing options...
LauraJ Posted July 29, 2011 Report Share Posted July 29, 2011 I'm so sorry you're having to deal with this Linda - you are such a wonderful person and knowing you - you gave that person a super deal on the machine. My 2 cents worth: Send her one more request in writing that within 5 working days on the date of the notification, a certified check in the full owed amount is in your possession. If the funds are not received by that time, you will start the small claims process. Sometimes that's what has to be done. Again, so so sorry you're having to deal with this. Link to comment Share on other sites More sharing options...
quiltingnanny Posted July 29, 2011 Report Share Posted July 29, 2011 That is SO stinking wrong !!!!:mad: :mad: I know how generous you are and for a person to take advantage of you is just plain EVIL !!!! Hope you don't have to take her to court, but, dang it, do it ! Glenda Link to comment Share on other sites More sharing options...
sewhappy Posted July 29, 2011 Report Share Posted July 29, 2011 SMALL CLAIMS COURT!!!!!! I bet she pays it all in full once she recieves the notification!! DOCUMENT EVERYTHING!!!! Good luck Link to comment Share on other sites More sharing options...
Gator Posted July 29, 2011 Report Share Posted July 29, 2011 I'm with Vicky and the others. Have her cancel the check and go get your money or machine. If she's far away, tell her to cancel whatever she has sent already and send the next check by registered mail:cool: Something that can be tracked. Link to comment Share on other sites More sharing options...
BethDurand Posted July 29, 2011 Report Share Posted July 29, 2011 I'm with everyone else, but I especially think that Laura's suggestion "Send her one more request in writing that within 5 working days on the date of the notification, a certified check in the full owed amount is in your possession. If the funds are not received by that time, you will start the small claims process. Sometimes that's what has to be done. " is the best. Keep us posted.on this please. Link to comment Share on other sites More sharing options...
GrandmaLKB Posted July 29, 2011 Report Share Posted July 29, 2011 Guess we can all learn from this...........NOTHING goes out the door until the balance is paid. It is a crying shame that some people feel they can pay when and if they get around to it. Just the threat of taking her to court might be enough and if not............get the machine back ! It makes it even worse if it is someone you know and thought you could trust. Link to comment Share on other sites More sharing options...
IBQLTN2 Posted July 29, 2011 Report Share Posted July 29, 2011 Hi Linda Sure is nice to see you again, I was wondering what had happened, so I guess you are out of business for good now, or did you buy another machine once that one was sold? I am pretty sure the woman is stalling for time and perhaps given that if you make demands for the rest of the money and she doesn't come thru you may have to threaten her with a small claims court, it would probably be better if you can appeal to her for maybe half of the money now owed or payments as she likely thought she would have made more money and just has not worked out that way. Hopefully she is honest and will come thru on her own and won't make you have to go the court route. Link to comment Share on other sites More sharing options...
JustSewSimple Posted July 29, 2011 Report Share Posted July 29, 2011 Hi Linda, I remember you and your beautiful quilting!!! I wish you start back posting quilty pictures so we can enjoy. I also sent her a statement she has to sign for and request the funds. I believe I would only give her a week since she is so overdue already. But just taking her to court would not be my only threat. I would possibly have her arrested for theft. The fact is that, since you don't have your money, it isn't payed for. Also, have you asked her what the number of the check was and from what bank it was drawn? It would be interesting to see if she actaully has that much money available. If she refused to deal with me, I would certainly get a police report on the matter to present in court. You could also report to her that this will effect her credit report. I was taught that when you sell something and they ask to pay the balance later you should get them to write you a post-dated check, then you cash it on the appointed date. Then you can turn it over to the police if it is not good. Link to comment Share on other sites More sharing options...
chickenscratch Posted July 29, 2011 Report Share Posted July 29, 2011 Linda, Good to hear from you, albeit not so good circumstances. If she indeed sent postal money orders she should have the receipts for those. There is a number on those things. If they have been cashed in there is nothing that can be done. If she has proof that they were sent she can file a claim with the USPS and tell them the money orders were lost in the mail. They should start an investigation and issue her a refund if the money orders were indeed destroyed or lost. If she gets the refund I would arrange to meet her at a specific time and place and ask her to bring the cash. If she is cheating you, send her a registered letter (make yourself a copy) stating the facts (and only the facts). Make a copy for yourself before you send it. Make sure you send it signature required. That way she can't say she didn't get it. After you are sure she got the letter, wait a few days to see what her reponse is. If no response send her another registered letter, same way. Include a copy of the first registered letter (make sure you keep one for court). In this second letter tell her you are reporting the machine stolen and you will take appropriate legal action within the next 5 days. See what her response is to that. She will either ignore you (that's when you file a police report for stolen property) or she will contact you. I had to do this with a horse I sold to a lady. She paid half when she picked her up and was supposed to pay the other half two weeks later. She didn't so I took action. She did eventually pay it before it went to court. Good luck. Let me know how it turns out. Link to comment Share on other sites More sharing options...
JustSewSimple Posted July 29, 2011 Report Share Posted July 29, 2011 If someone cashed your money orders and it wasn't you, you can still get your money back. This happened to me a long time ago. I turned it over to authorities and the business that cashed the money orders had to pay me because they did not check an ID or signature. Link to comment Share on other sites More sharing options...
quiltingnanny Posted July 29, 2011 Report Share Posted July 29, 2011 Hmmm, Sylvia makes a good point. Theft ! I would be so ready to kick * ! Want me to come out there ? Or wherever this person is ? Just not right. Glenda Link to comment Share on other sites More sharing options...
MarieBrewer Posted July 29, 2011 Report Share Posted July 29, 2011 I'm exhausted just thinking about this. I believe I would follow the advice of giving her one more chance by cert/reg letter and tell her if you don't have the $ by such and such you will have to go to small claims court. She will have to reimburse you for those expenses as well. I do think we quilters are quite trusting people. I sent out the CL things b/4 I knew checks cleared just so I could be rid of them. Today I got an email from one of the people telling me she just sent the $ paypal because she forgot. So did I. I guess she could have had the board for free. Thanks for your honesly!!! Link to comment Share on other sites More sharing options...
Sheri Butler Posted July 29, 2011 Report Share Posted July 29, 2011 Linda, Left a msg on your home phone. I'd get a couple of strong dudes to go over and reposess the machine!!! She'll either come up with the cash to finish paying you off, or she'll lose the $ she gave you in the first place!! Save your paper trail too girl!! Bet she'll be afraid to meet you in the court room! Link to comment Share on other sites More sharing options...
nanbrug Posted July 29, 2011 Report Share Posted July 29, 2011 Ok here's what I would do. Call her again and if necessary leave a message stating unfortunately if the funds are not brought to you by the end of the day you will find it necessary to file a police report and it will need to be taken to small claims court. Somehow if she has any morals she will have the funds to you shortly hopefully. Let us know how it turns out. It's a d*%# shame we can't trust everyone. By the way does she use the forum???? Link to comment Share on other sites More sharing options...
dmilner Posted July 29, 2011 Report Share Posted July 29, 2011 Your machine is NOT a $10 item; it has the same value as a car ...and this person is taking advantage of you and has poor morals. She cannot be trusted and I would encourage you to take serious action now. An HONEST person would have given you a reasonable explanation, kept in touch and done everything in their power to provide you with payment by now. She is a scammer and she is playing games with you. Don't leave this. I'm so sorry you have to go through this:(I can tell there is not a mean bone in your body so maybe you know someone that can TALK TOUGH and follow thru with collection. It's hard emotionally. Good luck and I hope this has a happy ending. Donna Link to comment Share on other sites More sharing options...
ffq-lar Posted July 29, 2011 Report Share Posted July 29, 2011 Hi sweet Linda! So sorry this situation is happening to you. I am cheering all the people who have given you advice! An honest person is always surprised when others are not ethical. When I first read this, my first thought was to enlist a BIG male friend to go with you (if it is close enough to drive) and show up unannounced at this person's home. Let her know you need CASH in your hand (no checks!) immediately or you are picking up the machine. That will give you all the information you need to decide on the next step. If she gives you the machine--you are OK and can re-sell it. Let her know she will get a partial refund when it sells again--whatever it sells for, less your $2193. That is fair. If by chance she gets angry or belligerent, that means she doesn't have the money and has been scamming you. Then you call the police, file a complaint, and take her to court. All that means is lots of money and time wasted, but you will get the machine back then as well. Or maybe someone will help her and you will get paid. In any case, it's disheartening and so wrong that you have to go through this. You were doing her a favor. From what has been said, I imagine she thought she would be able to earn the payment and it didn't happen. But again, that is not your problem.... Hang in there and let us know what happens. So nice to see you on the chat again, even if it was not-so-good news. Link to comment Share on other sites More sharing options...
gardenslug Posted July 29, 2011 Report Share Posted July 29, 2011 Don't send a registered letter - just send a certified letter, with return receipt requested. A registered letter is usually sent if you enclose cash. Good luck and I think you are getting a lot of good advice. Especially the part about small claims court. Marilyn Link to comment Share on other sites More sharing options...
Guest Linda S Posted July 29, 2011 Report Share Posted July 29, 2011 Hind sight is always 20/20. I've been burned way too many times. If someone were to ask the same of me in the future, I would tell them to write me a check and date if for July 1. If the money isn't in their bank when you go to cash it, then they can be nailed for check fraud. Sometimes a promise really isn't worth much. Link to comment Share on other sites More sharing options...
TAQuilts Posted July 29, 2011 Report Share Posted July 29, 2011 I was wondering beings you hadn't posted on your blog for awhile, nice seeing you again but sorry about what has happened. The amt she owes is more than SC allows. She doesn't have the money to pay you but she did have the money to buy the machine so she must have some assets worth $$$. The fastest way I have found to resolve this type of situation is to have my attorney write a letter demanding the money or that it will be turned over to a collection agency or reposition of your machine. If you draft the letter and just have your attorney write it on his letterhead and send it, this usually cost about $50. which is less than SC filing fees and gets a better responce. Even in SC court you may only get a judgement but no money for awhile. Good luck Terry Link to comment Share on other sites More sharing options...
ramona-quilter Posted July 30, 2011 Author Report Share Posted July 30, 2011 I know it is so disappointing to have a fellow quilter be dishonest. We all trust so easily, especially here on the forum sharing ideas, problems and solutions. Still no check today but mabe tomorrow. If not, I think I might need to take a tougher stance. Thanks for your help, guys. Link to comment Share on other sites More sharing options...
quilterbee1 Posted July 30, 2011 Report Share Posted July 30, 2011 I am so sorry she did this to you ( I would just go over and get my machine back, period. If she won't let you have it, I would call the cops and do a report. Then I would sue her. The only thing is...what if she does something to it... If she does, then I would make sure it costs her what she owed me. In other words, maybe a few containers of Quick Oats to the gas tank.... Quilters are supposed to be honest and this lady isn't. Makes me mad. I hope this works out for you!!! Amie...I may be a readneck if... Link to comment Share on other sites More sharing options...
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