As many of you know I have been a mediator between two parties who had a boat buying deal go bad that started here on OSO. Steve Thomas (LDD) and George Wilde(Prostock85). I tried to get an out of court settlement between these two parties for the last 13 or 14 months. But unfortunately we couldnt reach an agreement. Read here for all who do not know this story.
Long Duck Dong
In short Prostock gave LDD 14,000.00 between deposit and a first payment to purchase a 30' Chris Cat for a total price of 26,500.00. During the last week of the contract Prostock had found pictures of damage that LDD caused to the boat and posted on a different forum and did not disclaim to Prostock. So Prostock asked if he could see the boat in person before making the last payment in full. LDD blew him off the last couple of days of the contract and once it expired decided to keep all of the 14,000.00. We tried to settle with LDD keeping the 2000.00 non refundable deposit,but he wouldnt accept that. Then George made an offer to accept 8,000.00 as a settlement,but Steve wouldnt have this either. Steve felt a contract is a contract and he would prove it in his "DAY IN COURT"So off to court we went........
I just want to thank all the members here on OSO, and on Mud Forums, Boat Freaks, Serious offshore etc. that have donated their time,professional services and support in this matter.
Last edited by nordic95; 03-09-2010 at 07:39 PM.
You are judged by the company you keep!
First and foremost I would like to thank Nordic95 for his help in this matter, amongst a plethora of others whom I can not mention. Without the initial push I would be sitting here out 14K (which I still am). With help from Anthony, Steve and I came close to settling many times, often off by only 1,000 or so. Anytime we came to an agreement I was told to wait for a contract which of course, never came. After months and months of repeated broken promises and stories it came time to sue. After many trips to Alabama I felt I had enough ammo to take this to court.
Sat Jan 23rd, (2 days before court)
Anthony and I proceeded to head to Alabama. After arriving and grabbing a hotel we decided to go out for a few at the local bar called Boondocks. As outsiders I was surprised to feel so welcome. This ended up even more so being the case when word got out as to our business there. After meeting what seemed like half the town and enjoying the live music (Allied) it was time to head in.
Sun Jan 24th (Day before court)
Tried to sleep in which didn't work with trucks jake brakes on full tilt screaming down the mountain towards Gunterville Lake. Grabbed some food and made use of the day roaming around local areas and meeting more of the locals. As there isn't all that much to do down there in the winter we called it an early night and prepped for court.
Mon Jan 25th (Court)
Another early start to try and beat the non-existent morning rush over the G-ville bridge to court. Stopped at the waffle house in town then proceeded to court. After 15 minutes my lawyer showed up and did some last minute prep for court. Fast forward 30 minutes and 3 cases later and I'm up. At this time no sign of Steve, my lawyer proceeds to ask the judge for a default judgment based on the no show of the defendant. After what seemed like an hour of questions from my lawyer and judge alike I ended up leaving with this simple a piece of paper.
Spill it boy...... Dont make me come find you
Oh yeah, almost forgot the paper
The biggest part of this case was to prove Intensional Freud.. This has not limits to punitive damages,can not be dismissed by bankruptcy courts and now will be on his permanent record. So anyone else ever has an issue with him and decides to sue....makes it much easier for them. Also our next step is to seek criminal charges and file this in probate court in Alabama and Florida. We couldnt spill the beans earlier because he had a thirty day appeal period after court and we didnt want to give him the heads up so that he could delay this matter. But today is the last day of the thirty day period....I even spoke to him this morning and asked him to settle for the cost of the lawyer and the fourteen thousand and again he said to go scratch. I told him if he settled today then it would all end, but he chose not to....
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