Anyone know a lawyer?

[Kenny Pollock 10+ year member]

He replied to an email I sent him before I stopped the charge, so I replied with:

Please leave me alone Ladd, my bank blocked your charge and is investigating your fraudulent business practices. I've informed people at a forum I frequent of your unprofessional way of dealing with customers and charging sales tax that is non-existant (I've spoke to local dealers who've informed me out-of-state shipments don't even require tax!).

 

So once again, stop harassing me. Stop calling my house and hanging up, stop sending me emails, stop threatening me.

 

Happy Holidays!

 

Kenny

...and I emailed his county's police as per duece's recommendation.

 

[Kenny Pollock 10+ year member]

His reply: Fruadulent would mean that you didn't get your items. Your lack of reading an ebay auction will be brought to the Courts and you will be reimburcing my company for all attorney fee's and so on. I will not tell you this again, just remember I gave you the chance to pay the State their tax. Another .5 has been added. Total so far owed to my company .15 labor rate. This can be legally charged to you when the court case is opened. Thanks

 

[Flipx99 5,000+ posts]

He would have to come to you to sue I believe

 

[Kenny Pollock 10+ year member]

Yeah, I believe that's how it works. He's all talk it seems.

http://kennypollock.com/ladd_murdock/

 

[HiAmplidude 10+ year member]

Hilarious!

He claims to be a business man, but doesn't know that he would have to have a taxation license in your state to be charged your state's tax on products and services. In other words, he'd have to have a shop or an outlet in your state and licensed there. It's the reason companies like Dell and BestBuy.com charge your state's tax rate when you order from them ( They have tax licenses or facilities licensed in your state), but some place like NewEgg.com can't (unless their facility happens to be in your state).

The IRS expects buyers to claim their out-of-state purchases at tax time to pay your taxes on them. Not many people actually do, but that's what's expected.

This kid knows this very well and is trying to play off like a smart guy, attempting to take advantage of someone who may not even realize it.

 

[Kenny Pollock 10+ year member]

^^

Valuable information right there! Thanks for the insight //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

 

[Kenny Pollock 10+ year member]

Haha, another reply: As I mentioned before, your attorney will be eatin for lunch by our company attorney's. They have a clean track record and have not lost a case yet. Kenny you will soon learn that no matter what attorney you have its a "loose, loose" situation for you because we are trying to defend the State to recieve their sales tax so they can be paid. You will soon see why your efforts have been wasted. Please remember I talked with my legal counsel today and he stated you could also be charged with felony "tax evasion" charges for not agreeing to pay sales tax for purchasing items which we list clearly on our ebay auction as you "forgot to catch". I'm anxious to see you soon Kenny. Remember that a "no show" in court will lead to a state-wide warrant in Hollywood, FL. Otherwise as mentioned before, I am going to love seeing you "learn from your mistakes". Have a good one bud. LM

I'm gonna stop replying... I'm bored with him.

 

[duece212 5,000+ posts]

Haha, another reply: As I mentioned before, your attorney will be eatin for lunch by our company attorney's. They have a clean track record and have not lost a case yet. Kenny you will soon learn that no matter what attorney you have its a "loose, loose" situation for you because we are trying to defend the State to recieve their sales tax so they can be paid. You will soon see why your efforts have been wasted. Please remember I talked with my legal counsel today and he stated you could also be charged with felony "tax evasion" charges for not agreeing to pay sales tax for purchasing items which we list clearly on our ebay auction as you "forgot to catch". I'm anxious to see you soon Kenny. Remember that a "no show" in court will lead to a state-wide warrant in Hollywood, FL. Otherwise as mentioned before, I am going to love seeing you "learn from your mistakes". Have a good one bud. LM
I'm gonna stop replying... I'm bored with him.

I wonder about his legal team...he makes it sound like his legal team has to defend him on a regular basis by the statement "they have a clean track record and have not lost a case yet", but read below and they will...

And here is your proof you can email the guy with to tell him that he should look for a new legal team because they have no idea what the actual laws state:

http://www.ecommerce-guide.com/news/news/article.php/3572366

States are working on taxing online sales, but for now that responsibility lies in the hands of the consumer:

"For that to happen, Congress has to pass legislation certifying that the states have actually simplified their sales tax structures in order to satisfy a 1992 Supreme Court ruling.

 

The 1992 decision said that, while buyers legally owe sales taxes on Internet and catalogue sales, the current patchwork of more than 7,500 taxing jurisdictions across the country is too complex and burdensome for online retailers to charge and collect the tax. "

Please send that bag of douche that information and ask him what the legal grounds for his lawyers argument would be! (Lookin for laws on the books that support his case)

This guy is officially a sorry *******!

ps...Utah is working on laws to enforce online tax but it hasn't happened yet according to that article.

 

[HiAmplidude 10+ year member]

It would be way too hard for me to resist calling up my CC company and telling them that you never received the goods and have them charge him back that amount. It would be impossible for him to pursue any legal action against you without stopping his whole life and flying out to FL with his "team of attorneys", which he will not do for the measly $1500 price of the wheels. Ah, but I regress and would hold myself back from doing it.

But, what I would do at this point is antagonize the hell out of him.

I'd immediately reply back: "Dear LM, I have every intent to claim these on my 2005 taxes when our accountant is processing our taxes in March, as I do with everything we order from out-of-state that can't otherwise legally be charged. You don't have to worry your little head that the sale of the wheels won't result in more money going into your pocket -- uh, I mean to Uncle Sam (wheels, by the way -- a rim is just the part the tire rubber touches and its immediate surrounding area). Furthermore, I refuse to get into an email pissing contest about the size of my... legal team. You have no idea who you're dealing with and I find great enjoyment in that. We're all very excited that you and your team of lawyers will be visiting us in beautiful Hollywood, FL. -Your friend, Kenny"

 

[HiAmplidude 10+ year member]

This guy is officially a sorry *******!

No doubt about it.

It's really pretty entertaining. Sorry Kenny has to go through this at the expense of the entertainment though.

 

[HiAmplidude 10+ year member]

Wow...I felt the need to reply to this so much that I had to register just for this post. .......

Welcome aboard!

 

[Kenny Pollock 10+ year member]

Ah people, now he's screwed, any retaliation suggestions will now be taken.

He called my mom on her cell and yelled at her, she yelled back and brought her lawyers into it, he said YOU KNOW WHAT? YOU'RE A STUPID B1TCH WH0RE and my mom hung up. I don't even want tell my dad in fear he'll go up to Utah and kick his ***.

 

[Kenny Pollock 10+ year member]

My race is BURNING that's how FURIOUS I am, he called my mom back to apologize because he wants his money and she said deal with my son... I told him if he wanted his money he would have to deal with me and listen to me, he said I have to listen to him. I said no, and continued to speak and he said your a stupid little b1tch kid who's gonna learn from his mistakes. I said yeah? really? and hung up. My mom is calling her attorneys tomorrow.

 

[stones 10+ year member]

Ah people, now he's screwed, any retaliation suggestions will now be taken.
He called my mom on her cell and yelled at her, she yelled back and brought her lawyers into it, he said YOU KNOW WHAT? YOU'RE A STUPID B1TCH WH0RE and my mom hung up. I don't even want tell my dad in fear he'll go up to Utah and kick his ***.

Heres the legal side of it.

This would be a small claims matter as it is under 5000 dollars much like you see on TV with judge Judy and Joe Brown.

In court-

Its your word against his, as to what was said during the phone call.

A party has the right to contact the other party to try and collect moneys believed to be owed (weather they are mistaken or not).

If possible-

Record the telephone conversations.

Keep the phone records in-case he denies calling.

Immediately report any threats to the police to make public record of it.

 

[Chevillac 5,000+ posts]

Tell your dad. He could think of more ideas. After all that kid disrespected his wife....HIS WIFE man. Reverse the charges on your card. Spread http://kennypollock.com/ladd_murdock/ around all the forums. Put it on your ebay pages, soundomain, cardomain. Everywhere.