I"ve seen something on e-bay...advice please..

[Journeyone144]

Morning People,
I finally have a letter back from the Fl. Dept of Safety & Motor Vehicles..and I can't post a copied and Pasted copy of it here so I'll just type the wording used and the Complaint Number they gave me.
This is all new stuff to me...any advice most welcome...I have no lawyer and don't know what type to go to..You were certainly right when I first told you about this incident and you said it didn't sound right to you...in several different cliche ways...and even my PNC Bank was trusting...I AM calling them as soon as I send this e-mail...
At least I know something is happening now after I sent the Fl. Atty.Gen and this Dept of Motor Vehicles each 18 pages of information last month..every e-mail between me and Steve Katz and my own testimony of our phone conversations..
Hugs Always Viv...

************************************************** *****
Dated 1-27-09 Re: Prevost Trader Stephen Katz
Dear Ms.McGraw Complaint # 16127
We have received the complaint you filed against the above referenced business and individual. Since the business and individual are not a licensed dealer in the Stae of Florida we have opened an investigation to look into their unlicensed activity for the sale of motor homes. Because the dealer is not licesnsed in the State of Florida we suggest you consult with an attorney to persue the possibility of a civil action to satisfy your complaint.

We have assigned our investigation to Compliance Examiner Tim Tobin..Any Correspondence, inquiries, or new developments affecting the outcome of this complaint should be directed to the investigator noted below..The Examiner will contact you..

If we can be of further assistance, pleae feel free to contact this office..

Sincerely Sara E. Lambert
Complaint Cordinator
Div.of Motor Vehicles
323 10th Ave.West, Suite 200
Palmetto, Fl. 34221
941-723-4551
************************************************** ***

Thank You Jim, and Dale..

Also I've seen that Steve Katz Prevost Trader website seems to be active Hugs Always Viv...

[garyde]

What they are saying is , sorry , we can't help you get your money back, if we can find him, we may slap his hand!

[Journeyone144]

Oh My Gosh.........
And everyone was so sure Florida would be on my side...
Hugs Viv..

What they are saying is , sorry , we can't help you get your money back, if we can find him, we may slap his hand!

[Joe Cannarozzi]

You should have bought that 91CC for 50,000.

Now that the loans have dried up you may not even qualify any more.

[0533]

Viv, instead of buying a Prevost bus, how about spending your time looking for a man who owns a Prevost bus and marry him, this way you get a "Two For" save the money let someone else spend his.

PS> I am already married or I would call you.

[flyu2there]

Viv,

Your first stop should be your local Legal Aid, should be in the phonebook. Local attorneys often donate time pro bono (for free) to pass out basic forms of advice to people just like you. You will get a pretty good idea on what can be done to retreive your 5000.00.

Hiring an attorney in Florida thence seeking a civil remedy may work for you however I think that you can expect the up front costs involved to be high, probably higher than the amount of your loss. First, you have to find Mr. Katz, then you have to get him served; this alone can be difficult, especially one who lives in a post office box. Then, if you can get him into court and should you prevail, there is the matter of collecting the judgement which would probably include the amount of your loss, court costs and attorney fee's; sometimes they are difficult to collect. Another item that may be worrisome is based on the term damages; many attorneys will seek to collect damages on your behalf, your pain and suffering. These tend to be mitigated by many courts. This could be a long and drawn out procedure and it could be months before you even get onto the calendar.

Perhaps a better alternative for you would be small claims court; however, you will still have to travel to Florida and be present for the hearing. Even with proper service, there is a better than even chance that Mr. Katz will not show up and you will be awarded a judgement for the amount of your loss up to the ceiling of the court, plus court/service fees. I doubt that they will award for your travel time and expenses whilst in Fla.


Hope this helps a little!

[Jon Wehrenberg]

Getting a judgment is meaningless unless you intend to spend even more money than you spent getting it. A person who doesn't want to pay a judgment will not do so unless you can get some way of attaching a lien against assets he intends to sell in the near future. If he is operating as a corporate entity it is a waste of time.

[0533]

Here are some websites that might help:

http://www.flcourts.org/gen_public/f...llclaims.shtml

http://www.circuit8.org/sc/

[flyu2there]

Getting a judgment is meaningless unless you intend to spend even more money than you spent getting it. A person who doesn't want to pay a judgment will not do so unless you can get some way of attaching a lien against assets he intends to sell in the near future. If he is operating as a corporate entity it is a waste of time.

Jon,

Exactly! Many people do not understand this, they often feel just because they prevailed in court.....................

What I was trying to point out to Viv is that even getting the judgement, by the cheapest of means, is expensive and time consuming much less attempting to collect same. I bet a months salary Mr. Katz knows this as well

[rickdesilva]

Since Mr. Katz was Max Naylor's agent perhaps a letter from a lawyer to Mr. Naylor attempting to get back the money may help. Perhaps if Mr. Naylor knows he may be on the hook or may be defending some type of legal problem he can help get the money back from Katz.