Friendly Fraud. [long] [EDIT:happy ending!]

[Seraph]

I can, but I am waiting until the chargeback is resolved, one way or the other. The fact that he's using it, without paying, is a big point in my favor.

[thatcrazyredhead]

The fact that he's using it, without paying, is a big point in my favor.

That is true, and messed up and sad, all at the same time. I hope they come down in your favor soon, Seraph!

[Seraph]

Freaking weird update:

JF messaged me tonight apologizing for his behavior, and claiming he'd called to cancel the dispute, so everything was done, and that he loved the design, and hoped I'd let him keep it.

A simple call to my account manager proved that, no, nothing had come through about a dispute cancellation...so that's bs. I also checked his pages, all the slander is still up.

I replied to him that until I could confirm that the chargeback had been canceled, and that the slander was removed, I would continue in my course of action and consider this a pending legal matter.

He replied "why..." and then logged off. Huh.

Well, nothing's changed so far, but the fact he's acting like this worries me.

[PhiSigGirl1988]

Those messages where he blatantly lied to you about canceling the chargeback could be used in your favor, right?

[Seraph]

So I just got off the phone.

The CC company refuses to take it as evidence. In fact, they told me to stop sending any further documentation/evidence to them through Paypal, as they were no longer accepting anything else.

I'm ticked.

[Sapphire Silk]

So the CC company is siding with him, because it's in their economic interest to do so.

Is small claims an option? What about a criminal action for theft of services?

[Draco]

If it wasn't for the fact that they could afford better lawyers, I'd be half tempted to bring the credit card company in as co-defendants to any lawsuit. >.<

[Barracuda]

IANAL, but this may be of use to you.

18 USC § 1343 - Fraud by wire, radio, or television

Current through Pub. L. 113-31. (See Public Laws for the current Congress.)
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

There very well may be a case for this idiot to spend the next 20 years in federal lockup, especially if he's done this to other people. Contact your closest FBI office or US Attorney's office and file a wire fraud complaint.

[Seraph]

Is small claims an option? What about a criminal action for theft of services?

Small claims will totally be an option if I lose.

@Barracuda as well as Sapphire....yes. I will be pressing charges as well. He's in violation of two laws in my state, one of which is a Class 1 felony, and the other a misdemeanor.

[Barracuda]

If it is a federal case, which it would be if he is in another state, the state courts will only get him AFTER he's served his federal sentence.

[Kagato]

So I just got off the phone.

The CC company refuses to take it as evidence. In fact, they told me to stop sending any further documentation/evidence to them through Paypal, as they were no longer accepting anything else.

I'm ticked.

At this point I'd simply say cut your losses and focus on ensuring that since he has done the crime, he does the time. Get on the phone to the FBI or whatever other appropriate federal enforcement branch YESTERDAY.

[EvilEmpryss]

Ooh, and if you want to make sure you win in small claims (and your fee is $5k or less), contact Judge Judy's show. JF seems like enough of an sociopath that he would jump at the chance to be on TV and Judge Judy would rip him an new one, quick, especially with all your evidence.

Of course, this is only a good option if you can't nail him to the wall with a federal crime. Or maybe do it after that, just to salt his wounds.

[dawnfire]

Ooh, and if you want to make sure you win in small claims (and your fee is $5k or less), contact Judge Judy's show. JF seems like enough of an sociopath that he would jump at the chance to be on TV and Judge Judy would rip him an new one, quick, especially with all your evidence.

i don't watch judge Judy but I'd watch that

[Grendus]

i don't watch judge Judy but I'd watch that

I'd record it and post a link to CS. That'd be reality TV gold.

[Zellie Crescent]

I'd record it and post a link to CS. That'd be reality TV gold.

That would be awesome. I love Judge Judy, she doesn't take shit from anybody.