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Being uncertain whether filing in Small Claims Court, filing criminal complaint, chatting with BATFE, or other procedure to begin, I request the name and contact information for an attorney in Worth County, Missouri.

Problem to be resolved: Shipped USPS one rifle plus payment-in-full to a gunsmith. Completion was confirmed by gunsmith by telephone as being the end of June. Having communicated by email only since the end of October, gunsmith furnished UPS tracking number. UPS never actually took possession of rifle to ship. Gunsmith has not respond to anything since November 6.

No rifle. No refund. No communication.

Solution?

Last edited by Naphtali; 12/16/17.

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Hunt him down and bullywhip him.



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Maybe call local police and see if he closed up shop and disappeared before spending money on an attorney. They may already have looked into other complaints. These things aren’t usually one time occurrences.


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I'll guarantee the BATF will do nothing. I finally was able to get the local PD to handle my case and they did arrest and convict a maybe former forum member.

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Where is the gunsmith? We may have a member who is a neighbor.

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get the BATF state phone number you live in and explained to BATF person your situation, have rifle serial number,gun make and model.hopefully you have a copy of the FFL of gunsmith who you sent gun to.a purchase copy of this rifle may be helpful too. good luck,Pete53


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The point of Small Claims Court is to not have to spend money on an attorney.

Criminal complaints are free. You don't need an attorney. Just file charges on them. In lots of cases, the final disposition of a criminal case includes full restitution.


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i thought small claims were all civil?


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to be honest I have been in this situation,local police were the best help,but still got nothing done at the end. if I was to do this again I would have got ahold of the local bike gang to take care of this problem at least then I would have got some satisfaction. this gunsmith needs to learn what ; DON`T TREAD ON ME means

Last edited by pete53; 12/16/17.

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I had an issue with a gun shop owner who was taking a gun from a seller and shipping it to my FFL. I emailed and called several times and either got the run around or just no answer. I finally called BATF in Anchorage. They said they couldn't really do anything but the agent gave me her email address and told me to email the guy again with a cc to her. I had a tracking number that afternoon from the shipper and gun arrived in three days. He actually called me after he shipped and tried to half way apologize by making all kinds of excuses. There's no excuse for taking a gun in and holding it for four weeks before shipping. The seller was an old guy and in and out of the hospital during this time so he couldn't help.


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Originally Posted by deerstalker
i thought small claims were all civil?



They are.

Civil lawsuit and criminal prosecution are two different things.

Ask OJ Simpson. wink


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How 'bout sharing the gunsmith's name so fellow members don't get taken?

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Originally Posted by pete53
get the BATF state phone number you live in and explained to BATF person your situation, have rifle serial number,gun make and model.hopefully you have a copy of the FFL of gunsmith who you sent gun to.a purchase copy of this rifle may be helpful too. good luck,Pete53



Pete,
I'm sorry, but they were no help. I had all the info, serial numbers, copies of checks, USPS receipts, Receipts for every part that I mailed and copies of correspondence. Said it was a civil matter. My help came from the Dodge City PD. I'm receiving $34.50 every month or so. I hope to live long enough to collect this beer money.

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Originally Posted by Naphtali
No rifle. No refund. No communication.

Solution?[/SIZE][/FONT]


If it were I I'd make a road trip, when I got there I would stop by the local Sheriff's office and tell them my intentions of getting my gun back. Most likely they would want to accompany you to make sure no problems arose.

Then I would sue the fugging crook in small claims court for my expenses, file in your state chances are he will never show, you will never see any money from him but he will have the judgment follow him for the rest of his life.


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Originally Posted by rockinbbar
The point of Small Claims Court is to not have to spend money on an attorney.

Criminal complaints are free. You don't need an attorney. Just file charges on them. In lots of cases, the final disposition of a criminal case includes full restitution.


This.

Buddy of mine has a similar issue. Filed a criminal complaint with the local PD. For some reason after the detective showed up and were able to confirm the existence of the firearm in question, things began to resolve themselves pretty quickly.


You didn't use logic or reason to get into this opinion, I cannot use logic or reason to get you out of it.

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You could sue him locally in your state small claims court (long-arm jurisdiction).
Name the guy personally as well as his business as defendants.
If he doesn't appear, you can move for a default judgment.
Before filing the suit, check or have someone check your local court rules and your state's long-arm statute.

Last edited by night_owl; 12/16/17.


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Regarding identifying the gunsmith, I don't know the ins and outs from a moderator - that is, by naming names and being specific about the circumstances, might I be either banned or open to some sort of civil suit by the gunsmith?

Regarding the gunsmith's location, he is in Worth County, Missouri. Worth County, in extreme north-northwest Missouri, has a population of perhaps 2000. I suspect there is only one 60-year-old gunsmith in the county who might be known for working on traditional lever action rifles.

Regarding a Small Claims Court suit here in Missoula County, knowing I will win on the merits - having a first-class digital trail - I must find out whether I can do this and have the result enforced as best such civil suits are enforced. I do not want a meaningless gesture as the result.

Last edited by Naphtali; 12/16/17.

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Originally Posted by Naphtali

Regarding a Small Claims Court suit here in Missoula County, knowing I will win on the merits - having a first-class digital trail - I must find out whether I can do this and have the result enforced as best such civil suits are enforced. I do not want a meaningless gesture as the result.


Although civil judgments can be difficult to enforce, If the guy has any resources, he may choose to pay you rather than being forced to travel to Montana in the winter or face a default judgment.
Defendants don't like judgments recorded against them as it may cloud title to real and personal property, damage credit, etc.

Last edited by night_owl; 12/16/17.


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I'd resolve the issue first, then spill the beans on name, address, etc.


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Originally Posted by Naphtali
Regarding identifying the gunsmith...
Regarding the gunsmith's location, he is in Worth County, Missouri. Worth County, in extreme north-northwest Missouri, has a population of perhaps 2000. I suspect there is only one 60-year-old gunsmith in the county who might be known for working on traditional lever action rifles.

I figured it out in about 30 seconds with google.


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