[bergman2]

getting a lawyer is, of course, good advice and could reap dividends in navigating the thorny civil terrain...they could also help to grease the wheels of the public apparatus---DA, BBB, etc...if you look for a lawyer in Mikhails jurisdiction look at Westlaw or Lexis-Nexis for a crim def atty that used to work in the DA's office---they might have contacts which could speed things along...you might also try a local radio or tv news station in the area---i know some of them love doing those consumer justice pieces and knocking on the door of cheats, crooks and etc...the civil route however is likely to be a long and costly slog that could very well exceed the cost of settlement...i'm so glad i read these links and took sp off my short list before pulling the trigger...best of luck to you all...

 

[Blackmore]

O.k. fair enough, just want to help out with some thoughts, cos when you pay such money and dont do anything, you are more than just naive.

All the best.

Quote:

Originally Posted by The Monkey /img/forum/go_quote.gif He wasnt being naive. Although, the DA's office likely is not going to help. But going to the state Attorney General definitely could help. Most state attorneys general are charged with enforcing consumer protection laws. It is far from naive to file a complaint with the AG, as it is often a very cost-effective and efficient alternative to litigation. And, the AG wields considerably more power, resources, and leverage than an out of state litigant. Nonevof the above is intended to be nor should it be construed as legal advice. Consult your own advisor about your personal situation.

Quote:

Originally Posted by MikeLa /img/forum/go_quote.gif I already went down the attorney road, see post #1528 http://www.head-fi.org/forums/f5/whe...ml#post5514424

 

[bergman2]

there is also the possibility of contacting law schools in the area and see if a clinic program could take your case or pro bono through a local law firm--although this is a long shot (Westlaw, Lexis-Nexis or Findlaw would help here once again)

 

[pabbi1]

Whatever happened to the newspaper / TV "consumer" reporter, and, did Jude open the new 'Unresolved Singlepower Issues' thread?

Seems someone in Colorado, with jurisdiction, would be slightly interested in (what appears to be) >$100k in, well, pending transactions that may involve theft / fraud.

 

[Skylab]

Quote:

Originally Posted by pabbi1 /img/forum/go_quote.gif Whatever happened to the newspaper / TV "consumer" reporter, and, did Jude open the new 'Unresolved Singlepower Issues' thread?

What thread is that, can you link?

 

[mark_h]

The other alternative is for a group of head-fiers from the area go to his place of business en-masse, perhaps with legal representation and confront him regarding the $60,000 dollars (based on a guess-timate of him owing a minimum of 10 head-fiers $6000).

Were I in the US I would happily do this for you unfortunately I am not; direct action is often the best form of action.

 

[jude]

No, I haven't posted that yet, but will today, especially after having received a PM recently from Boilingfrog in which he says he has around $20,000 tied up in this (as I believe he has detailed here).

Again, the thread will only be for those with outstanding issues with Singlepower (to describe their issues)--there will be no commentary or discussion outside of that, especially by those not directly involved.

 

[pabbi1]

Quote:

Originally Posted by Skylab /img/forum/go_quote.gif What thread is that, can you link?

The original "Where is Mikhail" thread.

 

[Uncle Erik]

Quote:

Originally Posted by bergman2 /img/forum/go_quote.gif getting a lawyer is, of course, good advice and could reap dividends in navigating the thorny civil terrain...they could also help to grease the wheels of the public apparatus---DA, BBB, etc...if you look for a lawyer in Mikhails jurisdiction look at Westlaw or Lexis-Nexis for a crim def atty that used to work in the DA's office---they might have contacts which could speed things along...you might also try a local radio or tv news station in the area---i know some of them love doing those consumer justice pieces and knocking on the door of cheats, crooks and etc...the civil route however is likely to be a long and costly slog that could very well exceed the cost of settlement...i'm so glad i read these links and took sp off my short list before pulling the trigger...best of luck to you all...

I've been lurking this thread.

I wouldn't recommend finding a criminal defense guy. I'd recommend finding a creditor's attorney who is experienced in or has a good connection with forensic accounting and will aggressively collect a judgment. My guess is that whatever money is there might not be easy to collect.

It would probably be easiest for everyone to agree and hire one attorney together. That would also spread out the retainer and hourly rates. If there are 20 people and it's $200 a hour, that only works out to $10/hour each. Not so bad, and you should be able to find someone willing to work with a group.

Seeing that there's diversity in jurisdiction, it might make sense to submit to jurisdiction in whatever jurisdiction you file in. But that's legal advice, and I'd recommend talking to someone licensed there before doing it.

But I think that consolidating everyone together with one attorney would be the right way to go. I'd avoid confrontation - just file suit and aggressively attack. My gut says that there won't be that many litigation costs. I get the feeling that it will almost be a default judgment. Defending a lawsuit would be very, very expensive. He'd have to depose all of you (among other things) and that would probably be well over $100k for court reporter fees and transcripts. That all comes out of the client's pocket, no one advances that stuff except for slam dunk PI cases.

My take is that the lawsuit would be lightly defended, if at all, and that getting a judgment will be the easy part. That's why you'd need someone with solid judgment collection chops. That's where the real fight will be. You might even need to send the Sheriff into his place to seize physical property. Yes, you can do that in some states. We did this once a few years back - it's complicated and you will need someone who knows the ins and outs. There are many other ways to collect a judgment, but be aware that it can be a rocky path.

But that's just speculation. I strongly recommend you guys find a few attorneys and talk to them about this. Don't let this go. You have to do something.

 

[AlanY]

Quote:

Originally Posted by Uncle Erik /img/forum/go_quote.gif My take is that the lawsuit would be lightly defended, if at all, and that getting a judgment will be the easy part. That's why you'd need someone with solid judgment collection chops. That's where the real fight will be. You might even need to send the Sheriff into his place to seize physical property. Yes, you can do that in some states. We did this once a few years back - it's complicated and you will need someone who knows the ins and outs. There are many other ways to collect a judgment, but be aware that it can be a rocky path.

This is exactly right. In all likelihood you'd get a default judgment and then you'd need someone with experience in judgment enforcement. Mikhail was selling his home several months ago, but assuming it has not been sold, the most effective way to get the judgment enforced would be to have it registered against title, so you'd get a cut of the sale of the home.

 

[bergman2]

this is, of course, an extremely long and complex process so it is essential to start as soon as possible...IF he scoffs, and considering the backlog on court dockets, we are talking a protracted affair....and then, if and when a judgment, default or otherwise, is found in your favor you could put a lien on his house/car/etc.

 

[The Monkey]

I can't believe that no one has contacted the AG's office.

 

[bergman2]

Quote:

Originally Posted by Uncle Erik /img/forum/go_quote.gif I've been lurking this thread. I wouldn't recommend finding a criminal defense guy. I'd recommend finding a creditor's attorney who is experienced in or has a good connection with forensic accounting and will aggressively collect a judgment. My guess is that whatever money is there might not be easy to collect. It would probably be easiest for everyone to agree and hire one attorney together. That would also spread out the retainer and hourly rates. If there are 20 people and it's $200 a hour, that only works out to $10/hour each. Not so bad, and you should be able to find someone willing to work with a group. Seeing that there's diversity in jurisdiction, it might make sense to submit to jurisdiction in whatever jurisdiction you file in. But that's legal advice, and I'd recommend talking to someone licensed there before doing it. But I think that consolidating everyone together with one attorney would be the right way to go. I'd avoid confrontation - just file suit and aggressively attack. My gut says that there won't be that many litigation costs. I get the feeling that it will almost be a default judgment. Defending a lawsuit would be very, very expensive. He'd have to depose all of you (among other things) and that would probably be well over $100k for court reporter fees and transcripts. That all comes out of the client's pocket, no one advances that stuff except for slam dunk PI cases. My take is that the lawsuit would be lightly defended, if at all, and that getting a judgment will be the easy part. That's why you'd need someone with solid judgment collection chops. That's where the real fight will be. You might even need to send the Sheriff into his place to seize physical property. Yes, you can do that in some states. We did this once a few years back - it's complicated and you will need someone who knows the ins and outs. There are many other ways to collect a judgment, but be aware that it can be a rocky path. But that's just speculation. I strongly recommend you guys find a few attorneys and talk to them about this. Don't let this go. You have to do something.

...good take...as for my crim def atty recommendation -- I was thinking that perhaps the DA's office could be used to bring pressure on Mikhails head concurrent with the civil route (in my old jurisdiction, there were a few ex-ADA crim def atty's who made a good living by mobilizing the DA for their own cases) .... as for the $100k estimate -- that seems a tad high, but not out of the realm of possibility

 

[bergman2]

Quote:

Originally Posted by The Monkey /img/forum/go_quote.gif I can't believe that no one has contacted the AG's office.

this might bear fruit too, particularly if a reformer needs some headlines b4 an election

 

[Uncle Erik]

Quote:

Originally Posted by bergman2 /img/forum/go_quote.gif ...good take...as for my crim def atty recommendation -- I was thinking that perhaps the DA's office could be used to bring pressure on Mikhails head concurrent with the civil route (in my old jurisdiction, there were a few ex-ADA crim def atty's who made a good living by mobilizing the DA for their own cases) .... as for the $100k estimate -- that seems a tad high, but not out of the realm of possibility

They get away with that? Maybe it's different elsewhere, but threateningc riminal prosecution to gain an advantage in civil litigation is a line not to be crossed.

I don't know the exact mechanism in Mikhail's jurisdiction, but there ought to be a method of filing an ex parte motion shortly after filing suit to get an injunction against Mikhail to stop him from selling, transferring or otherwise disposing of assets. Which is why you need an aggressive creditor's attorney there - he or she will know how to handle these things and really put the hammer down on him.