Dealer won't fund Factory, Need Advice
12-19-2012, 02:32 PM
#111
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OCM is their only dealer and the only dealer who would take the boat as a trade towards something of lesser value. Maybe now we know why.
12-19-2012, 02:35 PM
#112
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I am no attorney but based on the values and the events this would be considered "theft by conversion" and at this value would be considered a felony in most if not all states. if you are tired of dealing with it just contact the states attorney and the police and let them do their thing. yes he can close down and change company names but it is hard to do business from a jail cell.
12-19-2012, 02:36 PM
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In our state you can pursue a suit and be awarded a "Summary Judgement" to invoke it you must also pay to file a "Writ of Execution". Chuck's correct, it doesn't mean you get the money on the spot, your simply in line to get paid, and it clouds his (OCM) credit terribly.
He might never pay it, ask the Goldman family how much they collected on the Judgement against O.J.
Chuck , I'm sorry but I disagree with you and completely agree with RebarBox.
Get an Attorney immediately, file a civil suit of ???Breach of Fiduciary Obligation??? (I'm no attorney but this is probably it)
The sooner you file your case as the Plainteff the sooner you'll get a mediator and it could most likely be handled without going into the Courtroom. It was OCM's obligation to the factory to advance such monies as received, to them (Frisini, Spetre) for construction purposes. Obviously, they did not fullfill their obligations on their end.
I equally hate me/my business filing lawsuits but if you let him off the hook you only screw yourself and other potential buyers.
Note, if you can come up with others, besides the one you now have, that are having the same situations, together you can file a class action suit and probably get it recognized as a criminal matter when it's determined to be an "Intent to Defraud Purchasers"
This will be a huge Felony criminal offense, and hopefully Oregon would prosecute it with much more vigor than we saw the State of New York handle theirs recently.
Good luck,
Kelly
Last edited by huskyrider; 12-19-2012 at 02:41 PM.
12-19-2012, 02:38 PM
#114
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I just wish I had the money to get myself into a situation like this.
12-19-2012, 02:47 PM
#115
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Easy fix, old school...send out Paulie, Silvio and Christopher to "Take care of business"! Alot cheaper than attorney fees and more satisfaction! 
12-19-2012, 02:53 PM
#116
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In Texas this is completely a matter for civil court.
In our state you can pursue a suit and be awarded a "Summary Judgement" to invoke it you must also pay to file a "Writ of Execution". Chuck's correct, it doesn't mean you get the money on the spot, your simply in line to get paid, and it clouds his (OCM) credit terribly.
He might never pay it, ask the Goldman family how much they collected on the Judgement against O.J.
Chuck , I'm sorry but I disagree with you and completely agree with RebarBox.
Get an Attorney immediately, file a civil suit of ???Breach of Fiduciary Obligation??? (I'm no attorney but this is probably it)
The sooner you file your case as the Plainteff the sooner you'll get a mediator and it could most likely be handled without going into the Courtroom. It was OCM's obligation to the factory to advance such monies as received, to them (Frisini, Spetre) for construction purposes. Obviously, they did not fullfill their obligations on their end.
I equally hate me/my business filing lawsuits but if you let him off the hook you only screw yourself and other potential buyers.
Note, if you can come up with others, besides the one you now have, that are having the same situations, together you can file a class action suit and probably get it recognized as a criminal matter when it's determined to be an "Intent to Defraud Purchasers"
This will be a huge Felony criminal offense, and hopefully Oregon would prosecute it with much more vigor than we saw the State of New York handle theirs recently.
Good luck,
Kelly
In our state you can pursue a suit and be awarded a "Summary Judgement" to invoke it you must also pay to file a "Writ of Execution". Chuck's correct, it doesn't mean you get the money on the spot, your simply in line to get paid, and it clouds his (OCM) credit terribly.
He might never pay it, ask the Goldman family how much they collected on the Judgement against O.J.
Chuck , I'm sorry but I disagree with you and completely agree with RebarBox.
Get an Attorney immediately, file a civil suit of ???Breach of Fiduciary Obligation??? (I'm no attorney but this is probably it)
The sooner you file your case as the Plainteff the sooner you'll get a mediator and it could most likely be handled without going into the Courtroom. It was OCM's obligation to the factory to advance such monies as received, to them (Frisini, Spetre) for construction purposes. Obviously, they did not fullfill their obligations on their end.
I equally hate me/my business filing lawsuits but if you let him off the hook you only screw yourself and other potential buyers.
Note, if you can come up with others, besides the one you now have, that are having the same situations, together you can file a class action suit and probably get it recognized as a criminal matter when it's determined to be an "Intent to Defraud Purchasers"
This will be a huge Felony criminal offense, and hopefully Oregon would prosecute it with much more vigor than we saw the State of New York handle theirs recently.
Good luck,
Kelly
12-19-2012, 03:28 PM
#118
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Any, reasonably smart, business owner will refuse to answer this question by taking the 5th.
IMO, it pretty obvious that they took these funds and used them for other purposes than what the obligated purpose was.
Personally, I'd love to hear his response too.
See ya,
Kelly
12-19-2012, 03:33 PM
#119
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When the dealership is on the ropes and using any cash it can gets it's hands on to keep from going under. That's sounds like what is happening here.
12-19-2012, 03:48 PM
#120
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Bingo! It's not legal to sell a boat with a lien on it. In a trade in situation, the dealer is buying your boat from you and then selling it to another person. You can't sell something you don't own.
