Shady DNForum Member - Should Be Booted Off DNForum

**eeedc** · 03-15-2011, 06:21 PM

Originally Posted by Doc Com

I believe you need to file in your state.

I am not a lawyer, but I am fairly sure you have to file in HIS state.

There are plenty of good books on small claim courts.

Also, make sure you SNAIL MAIL him CERTIFIED your demands first so he can't deny receiving emails. I once lost a case because the person denied receiving my email (and he claimed to be religious always quoting the bible every time I saw him).

But since it looks like he could have commited fraud (even on a minor level rarely prosocuted) I would think he would settle fast to keep it out of the courts.

---------- Post added at 11:21 PM ---------- Previous post was at 11:03 PM ----------

Originally Posted by bgmv

What if the buyer is in a different country - I had 3 sales not completed on sedo last year totaling $XX,XXX -

Even in the US, $XX,XXX sounds like it would be above the limits for most legally-informal small claims court and you would have to hire a lawyer.

Often the threats or filing is enought to get people to pay.

But unless the bidder screws up as in this case, the bidder can always claim that it was a mistake or misunderstanding. I once bid on eBay $99.99 for a book I was willing to pay $9.99 for, but fortunately no one else bid. But if the price was bid up to $50 I could have legally got out by honestly claiming it was a mistake.

**Acro** · 03-15-2011, 08:08 PM

Originally Posted by bgmv

Have you had any experience doing this Acro? Any results? What if the buyer is in a different country - I had 3 sales not completed on sedo last year totaling $XX,XXX - would like to get some of that $

It only works for < $5k and both parties being in the US. Maybe we should trade cases; a Swiss owes me $7k through a sedo sale.

**Gerry** · 03-15-2011, 08:25 PM

Originally Posted by eeedc

I am not a lawyer, but I am fairly sure you have to file in HIS state.

That's why a REAL lawyer beyond us domainer commoners to advise.

**eeedc** · 03-15-2011, 09:04 PM

From Nolo which has great do-it-yourself legal books
http://www.nolo.com/legal-encycloped...ons-29566.html

Out-of-state defendants. If you don't live -- or do business -- in a state where you are sued, a court normally doesn't have power ("jurisdiction," in legalese) to enter a valid judgment against you, unless court papers are served on you while you happen to be in that state. (Exceptions exist for people who live out of state but own land in the state where the lawsuit was filed or got into a traffic accident in that state.) If you are an out-of-state resident and receive small claims papers via the mail, promptly write a letter to the court explaining that you do not believe you are subject to the court's jurisdiction. Stay in touch with the court clerk until you are sure the case has been dismissed.

---------- Post added at 02:04 AM ---------- Previous post was at 01:51 AM ----------

But a larger problem may be that most small claims courts don’t have authority to impose injunctive relief (specific performance), that the domain name sale go though. (which to me would seem the most fair remedy)

Many, if not most or all, small claims courts only have the authority to impose monetary damages.

If the domain name sale does not go through, the defaulting buyer could argue that since you still have the domain name, no damage is done. Or argue that the damage is only 10%.

Even the larger courts that have the power to impose injunctive relief prefer to impose monetary damages when possible, because it’s difficult to insure that parties comply with injunctive relief. It’s easier to say, you defaulted, pay $XXX, goodbye, than to say complete the deal and monitor that two parties who dislike each other complete the deal.

But this is one more reason to consult a lawyer. Small claims courts also usually can’t impose punitive damages for fraud or compensate you for the value of your time.

**WhoDatDog** · 03-16-2011, 03:07 AM

Originally Posted by nam6641

Here is PM I sent to him, along with his reply from earlier today....

Just to make it right he tried to get it for a low price (make it right for who?)... So appearantly he has $2k to spend, but it's that extra $1,100 (to get to his $3.1k bid) that he doesn't have (or doesn't wish to pay). Not sure what it takes to get a perm Ban here on DNForum, but I would hope this would do it.

Well, he basically admits that you caught him. At this point putting up this thread is probably enough. For years I made a fuss every time I saw a blatant scam, yet I was always attacked for mentioning it. Half the people posting in threads like these have made moves far worse than this guy, though that does not excuse him.

I think that the threat of having someone throw up a thread like this is pretty strong punishment, and I am sure he regrets this move. I believe I may have dealt with him on a name or two over the years, and my memory is that of a professional. There are far bigger frauds lurking around here than this guy.

Honesty is always the best policy. Systems that are designed to reward shady behavior often bring out the worst in people. It is not too far off from the daily fraud of people listing a name and then telling people that have an offer by PM or at another forum, when in reality they have nothing. It all comes back to the question of doing the right thing. Auctions are pretty much a joke. This guy compromised his own ethics and now he will have to pay a price, but unless he is a serial offender and known for many similar moves, then I think he deserves a break after this.

There are those who just run wild over everybody and make domaining a worse place. This guy isn't one of those guys unless there is a pattern to this. I am as anti-scammer as they come. I think this might be a good guy/domainer who made a mistake.

**Onward** · 03-16-2011, 07:52 AM

Originally Posted by WhoDatDog

I think this might be a good guy/domainer who made a mistake.

I have met Emil and he is not a bad guy. This is clearly a sleazy and possibly fraudulent move, but one mistake (and it was a really bad one) should not be the complete story on him - hearing from him though may be the best way for him to get past this.

Now if this little trick has been used on others....then we are talking about a totally different story. Without actually hearing from him though will only have people wondering if this was an isolated event or a standard fraudulent business practice.

**Acro** · 03-16-2011, 08:33 AM

When I was a kid I used to steal from my brother's lunch money - until my dad found out. My ass was turned red and I never did it again.

**silentg** · 03-16-2011, 08:37 AM

Admins gonna let this one slide?

**nam6641** · 03-16-2011, 08:41 AM

Originally Posted by Onward

I have met Emil and he is not a bad guy. This is clearly a sleazy and possibly fraudulent move, but one mistake (and it was a really bad one) should not be the complete story on him - hearing from him though may be the best way for him to get past this.

Now if this little trick has been used on others....then we are talking about a totally different story. Without actually hearing from him though will only have people wondering if this was an isolated event or a standard fraudulent business practice.

The only reason he admitted it is because he was caught red handed. The only reason I caught him is because 1. sedo gave me his info 2. i had a suspicion and put 2 and 2 together. Who knows is this is the first time or 100th time this type of scheme was attempted, and I doubt he would admit anything further unless someone else caught him out. He obviously wasn't going to come clean to me until I caught him.

While his account status here looks stellar (with length of his membership and his iTrader) I don't think it is fair to me and to others to let him keep that stellar account when he did something not very stellar at all which is why I'm asking the DNForum owner to ban the account. If you want to let him back in and create a new account then fine, but I think taking away his account as a result of his actions is a reasonable request and fair to me and everyone on the forum. He doesn't deserve the cred that his account gives him and like it is in life, after you make a huge blunder you usually need to start back from square one.

I would ask DNForum owner to jump in here and give a statement concerning my request and then we can close this thread.

**Adam Dicker** · 03-16-2011, 08:47 AM

Originally Posted by nam6641

I would ask DNForum owner to jump in here and give a statement concerning my request and then we can close this thread.

My statement is a simple one,

The transaction did not occur here and thus can not be punished here.
We are not sedo's police, sedo must police their own system.
Yes, we run a community and it is our job to warn people of possible issues, that has been accomplished.
This purpose of this thread was to warn others of you experience with the user and that has clearly been accomplished.

That's all folks.

-=DCG=-

**nam6641** · 03-16-2011, 09:19 AM

Thanks for response DCG. I respect ruling. I do think though if someone does something (regardless of where it occurs) that is a clear show of poor ethics, character, business practices it shouldn't matter the place it occured. If Bernie Madoff was here trying to peddle something I would hope you wouldn't allow him to just because his misdeed didn't happen on your server. But you can close thread now. Thanks.