Replies to This Discussion

Permalink Reply by Steve Cyrkin, Admin on October 2, 2012 at 8:18pm

Then Feb. 2009 has a good chance of being the date the statute tolls from. But you need to find out the laws for Mass regarding this.

Since DB is from Mass and is always telling me about the laws I'm screwing up on, I can't think of a better person to do the research and get you some free legal advice.

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Permalink Reply by Bill Dorazio on October 2, 2012 at 8:44pm

Okay thanks, Do you think it's still worth it to pursue it from here? Ya I think DB and I spoke about a year ago, he is definately a good resource!

Permalink Reply by DB on October 3, 2012 at 3:50am

Fraud   3 yrs. Ch. 260 §2A.

Then you would need to determine if a judgment in Mass., would be honored in Clark County (e.g.) without having to file a 'sister' civil action there.  There are a few states that don't honor out of state civil judgements and require you to file the civil action in the court of jurisdiction.

The exemplary damages are known as Chapter 90a consumer protection which can award upto triple damages.  There is a specific sequence of steps and based on the communication it would appear to me they have sidestepped being nailed with Chapter 90.  However, a clerk magistrate might see it differently.   Thus if an action is pursued I would suggest a Chapter 90a Demand Letter be sent. 

First though, I'd inquire with the Clerks office of your town who handles civil actions on the statute limitations question.   Based on that I'd contact Las Vegas Clark County Courts Civil Section to determine if they are honored.

Based on the answers - a decision is made.  If a judgment is awarded and I see no reason why it would not be in favor of the Plantiff then there would be additional costs with most likely constables or sheriff departments (civil section) to collect the funds.

Is it worth pursuing - depends.

then of course the monkey wrench in that FOD (defendant) might be able to challenge the judgment based on on due process or jurisdictional grounds if the court did not have the authority to grant such a judgment.

 

In the meantime, I might suggest writing something in the Las Vegas Papers blogs (there is a link around here somewhere) about this ordeal.  If nothing else it spreads the word but be cognizant of avoiding defamation or libel like statements.

Permalink Reply by Bill Dorazio on October 2, 2012 at 8:06pm

Thanks DB

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Permalink Reply by DB on October 3, 2012 at 5:08am

and speaking of deceptive business practics by Field of Dreams.  Aside from reading the email exchange and extracted salient points would anyone really believe this transaction is above board;

FOD indicates they have 3 (PSA/DNA, JSA & CLM) and endorses the 1st two then latter on adds Morales (as u noted).  Then they go on to bash JSA.  A further argument of fraud would be - they were at one point willing to issue a store credit (which dissolved quickly) upon return of the item and then "destroy it" even though they don't acknowledge your position of it being non-authentic. So they are going to destroy a $4800 item in their opinion is authentic even though one of their own approved authenticators indicates it's not....  while contending Morales who is on EBAY's banned list for authentication issues is more correct.  

Maybe they should go down the court approved exemplar file approach that was used while they are at it.

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Permalink Reply by Steve Cyrkin, Admin on October 2, 2012 at 8:52pm

William,

I think you should do everything you can to spread the word about how you were screwed by Field of Dreams until you get your refund. Tell your family to put in your obit, too.

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Permalink Reply by Bill Dorazio on October 3, 2012 at 4:46am

Thanks Steve, I just might do that and thanks for the humor because this whole ordeal is not humorous!!

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Permalink Reply by Bill Dorazio on October 3, 2012 at 4:52am

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Permalink Reply by Bill Dorazio on October 3, 2012 at 4:53am

This is another piece purchased from FOD prior to the Babe Ruth that I am somewhat skeptical of now too!

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Permalink Reply by Bill Dorazio on October 3, 2012 at 4:53am

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Permalink Reply by Bill Dorazio on October 3, 2012 at 4:56am

The thing that makes me skeptical about the authenticity of this piece is this, Judy Garland and Jack Haley's letter "J" look very similar as do the "T" on Margaret Hamilton and the "R" at the end of Ray Bolgers signature. So I have my doubts even though I am not an expert.

 

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Permalink Reply by Steve Cyrkin, Admin on October 3, 2012 at 6:24am

I'd take larger individual pics of the signatures and post them.

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