or Connect
Head-Fi.org › Forums › Equipment Forums › Headphone Amps (full-size) › Where is Singlepower? Where is Mikhail?
New Posts  All Forums:Forum Nav:

Where is Singlepower? Where is Mikhail? - Page 102

post #1516 of 1953
I don't know if this has come up before in this thread, but is anybody tracking money judgments or bankruptcy filings?
post #1517 of 1953
Quote:
Originally Posted by terriblepaulz View Post
I don't know if this has come up before in this thread, but is anybody tracking money judgments or bankruptcy filings?
Has anyone actually taken legal action against Mikhail/Singlepower?
post #1518 of 1953
I had our attorney send the certified letter and make phone calls. When Mikhail didn't respond, I spoke with the firm's litigator and decided not to litigate because of the expense. Not only for the attorney fees, but also for serving judgement in Colorado, finding bank accounts etc...

Also, my transaction with Mikhail was via emails and phone calls. There was never a formal contract. I was advised that wasn't a major hurdle considering the Paypal, email documentation and the fact he never shipped anything, but if Mikhail did show up to Court it could drag things out.

There was a time, a few months ago, that I was determined to litigate to prove a point, but time, economy and old age prevailed.

It's time to start enjoying the hobby again and listen to music.
post #1519 of 1953
Quote:
Originally Posted by terriblepaulz View Post
I don't know if this has come up before in this thread, but is anybody tracking money judgments or bankruptcy filings?
I've taken a few peeks at the docket in BK court in Colorado and haven't seen anything, but I don't have access to PACER so it's a little hard. I checked the Colorado Department of State and SP is currently out of compliance for failure to file its annual report, which is a regular occurrence for SP, and which does not seem to provide much info, if any. Further, it does not seem to be that big a deal.
post #1520 of 1953
Quote:
Originally Posted by kevin gilmore View Post
And that also was before the issue of the filament to cathode voltage on the output tubes problem came to light.
Well can this problem affect the amp itself? Or just potentially burn up the output tubes quicker?
post #1521 of 1953

I Hate To Be...

Quote:
Originally Posted by MikeLa View Post
I had our attorney send the certified letter and make phone calls. When Mikhail didn't respond, I spoke with the firm's litigator and decided not to litigate because of the expense. Not only for the attorney fees, but also for serving judgement in Colorado, finding bank accounts etc...

Also, my transaction with Mikhail was via emails and phone calls. There was never a formal contract. I was advised that wasn't a major hurdle considering the Paypal, email documentation and the fact he never shipped anything, but if Mikhail did show up to Court it could drag things out.

There was a time, a few months ago, that I was determined to litigate to prove a point, but time, economy and old age prevailed.

It's time to start enjoying the hobby again and listen to music.
I hate to be an "I told ya so..." to all those who wanted my posts deleted... but...
post #1522 of 1953
Quote:
Originally Posted by MikeLa View Post
I had our attorney send the certified letter and make phone calls. When Mikhail didn't respond, I spoke with the firm's litigator and decided not to litigate because of the expense. Not only for the attorney fees, but also for serving judgement in Colorado, finding bank accounts etc...

Also, my transaction with Mikhail was via emails and phone calls. There was never a formal contract. I was advised that wasn't a major hurdle considering the Paypal, email documentation and the fact he never shipped anything, but if Mikhail did show up to Court it could drag things out.

There was a time, a few months ago, that I was determined to litigate to prove a point, but time, economy and old age prevailed.

It's time to start enjoying the hobby again and listen to music.
Verbal contracts are legal even here in the US I believe.

Quote:
Three Elements of a Verbal Contract
In order to be considered valid, a verbal contract must contain three elements: offer, acceptance, and consideration.
• Offer: The person making the offer in a verbal contract must communicate their intent to enter into a contract. A verbal contract is not considered valid if all parties do not agree to the terms of the offer. Also, verbal contracts are only valid for a specified period of time and not indefinitely.
• Acceptance: A verbal contract is not valid until the offer is accepted. The acceptance of a verbal contract occurs when the person to whom the contract is offered voluntarily indicates agreement to its terms and conditions.
• Consideration: In addition to an offer and acceptance, verbal contracts must contain consideration. This means that each side must give the other something of value for the agreement to be binding. In most verbal contracts, this is an exchange of money, such as a down payment. However, in some cases, it is not money but a promise that is exchanged.
And I believe Emails are good too, as I've just been casually told in all transactions to save everything, even emails as they are time stamped and saved online. Here is an article stating to be careful to what you agree to by email as that can be then used as a binding contract.

http://www.allbusiness.com/legal/con...ts/2378-1.html

You sure you don't have a case? Technically couldn't a forum here, with signed petitions be used as witness to your transactions?
post #1523 of 1953
Written agreements ARE verbal agreements. The distinction some of your are seeking to make is with an oral agreement (which is also a verbal agreement). Oral agreements, subject to certain limitations are enforceable just like any other contract.
post #1524 of 1953
I won a small claim court case for a $600 motorcycle that I sold, based on a oral/verbal contract with one witness. The guy broke it and wanted his money back, after admitting he didn't add 2-stroke oil to the bike. It still didn't turn out well because he'd paid $300 down and owed me $300, didn't have it, and the Sheriff went with me to claim a lien on any property worth $300, and all he had left was a broken motorcycle for me to take.
post #1525 of 1953
Quote:
Originally Posted by terriblepaulz View Post
I don't know if this has come up before in this thread, but is anybody tracking money judgments or bankruptcy filings?
His house was on sale. But it looks like the listing expired. Nothing conclusive can be concluded from that... but given the current state of the economy this is not a seller's market by any stretch of the imagination. Plus he had only moved in a couple years ago.
post #1526 of 1953
MikeLa states the problem perfectly in a situation like this - of course he's got a good case. The issue is not liability, it's collectibility. Any decent lawyer is going to charge at least $1000-$1500 just to get a default judgment (where SP does not appear and contest). Taking the case through trial is going to be at least $5,000, and that presumes a lawyer who is willing to give you a big break on his/her fee.

Once you have the judgment you have....a piece of paper. I will presume the best case scenario and you have a judgment against Mikhail personally (and not just against a defunct no-asset corporation). I'm guessing Mikhail does not work a 9 to 5, so no wages to garnish. Bank accounts are probably below an exemption amount, or in the wife's name. You are probably down to trying to attach assets - land, houses, cars, equipment, his stash of tubes. All of those (with the exception of the tubes and maybe some equipment) probably have liens, so lienholders have to be identified and paid. Only then do you get some dough in your pocket, after of course, your lawyer wets his beak.

The above is why most people with "small claims" type cases (less than $10K or so) do not ultimately pursue the case with a lawyer. I have had some version of this conversation with potential clients at least 200 times in my 10+ years of practice. That's why in a situation like this (or how this appears to be), there is often a race among the creditors to scrape whatever they can out of the entity before the inevitable bankruptcy filing. Then the aggrieved customers really get screwed because they get paid after all the secured creditors (mortgage and lien holders), the IRS, the state taxing authorities, the debtor's attorneys, and holders of judgments.

That's why, IIRC, I suggested earlier that the aggrieved pool their resources to hire an attorney. Not only could costs be shared, but the bigger the dollar amount of the claim, the more likely to pique the interest of an attorney. I have been following this thread for a long time with interest because I have seen essentially the same situation in a professional context many times.
post #1527 of 1953
I just spoke with my in-house council. This is what she recommends:

1) Submit case to BBB.

2) Contact Colorado Attorney General's office, they should have a consumer protection division that can handle such a case.

3) See if you can find a lawyer from the Attorney General's office that will handle this case and perhaps build a class-action if you can provide proof (this thread has enough people that could provide facts and PayPal transaction records). The key would be to find a lawyer that will be willing to work only charge for expenses and not their time until case is settled. This may be easier than before because the economy has left quite a few lawyers out of work.

Note: Collection cases can be frustrating because there is enough work to get money off somebody that lawyers can charge 50% of collection to get it (must find the money, paper-trail, banks, etc).

Good luck.
post #1528 of 1953
MBD2884, TerriblePaulz is correct. It's not whether or not I have a case. Most likely if Mikhail didn't show up in AZ Court, we would get a default judgement (I believe that is the term), but then you have to collect. Although $5,700 isn't chump change, the cost of this process most likely would be more than $5,700. And, there is no guarantee how much of the attorneys fees, if any, the judge would award.

Then starts the real fun, you have to collect from Mikhail. I can't imagine that would be any easier then it is now to get a refund, amp or returned phone call from him.

Believe me, if I thought throwing $2,000 at the problem would result in a refund, I would do it, but that's not how it works.

I would agree with TerriblePaulz, as does our attorney, a class action suit seems to be the only reasonable approach, but that's not without gotcha's either.

And this all assumes Mikhail has resources (money) to collect from - which I highly doubt, but I could be wrong.

Wait, I wasn't going to read this thread anymore
post #1529 of 1953
I'd suspect that a class action lawsuit would bankrupt him.
post #1530 of 1953
Quote:
Originally Posted by FallenAngel View Post
I just spoke with my in-house council. This is what she recommends:

1) Submit case to BBB.

2) Contact Colorado Attorney General's office, they should have a consumer protection division that can handle such a case.

3) See if you can find a lawyer from the Attorney General's office that will handle this case and perhaps build a class-action if you can provide proof (this thread has enough people that could provide facts and PayPal transaction records). The key would be to find a lawyer that will be willing to work only charge for expenses and not their time until case is settled. This may be easier than before because the economy has left quite a few lawyers out of work.

Note: Collection cases can be frustrating because there is enough work to get money off somebody that lawyers can charge 50% of collection to get it (must find the money, paper-trail, banks, etc).

Good luck.
This is good advice if you have a ton of times on your hands and no expectations. No offense, but BBBs are toothless, and I don't know about California, but in my neck of the woods (Illinois) the AG only gets involved in consumer protection stuff when the damages are in the 8-9 figure range, or where there is a sexy photo-op to be had (like something involving kids' safety). And I'm a bit confused by (3) (I don't know how you would go about pitching a case to an individual government lawyer).

But the above does give me an idea. There is likely some fraud here - I assume that the facts will show Mikhail making a material misrepresentation of fact ("your amp is done"), with the intent to induce someone to act (send him $), who then acts and is damaged (they don't get their amp). I can't say about Colorado, but in Illinois a fraud case (both common law and statutory) can involve awards of attorney's fees, and this could be an incentive for a lawyer to get involved without a lot of cash up front. Along the same lines (and this may be like the BBB or the AG) would be to contact the prosecutor's office for the county where SP is located. Some prosecutors offices can be aggressive on consumer protection stuff, but that usually takes the form of going after shady home contractors, or "bad check" programs. Given that the victims are not constituents, you may get nowhere, but it's sometimes easier to accomplish something with county-level bureaucrats than state-level bureaucrats.

Oh, and to MikeLa - did your attorney discuss with you the possibility of hiring local counsel (local to SP)? That would of been my first question if you came into my office. If it's a collection case, you want to run that where you are going to collect
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Headphone Amps (full-size)
Head-Fi.org › Forums › Equipment Forums › Headphone Amps (full-size) › Where is Singlepower? Where is Mikhail?