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Thread: Advice on bad experience In Fredericksburg Shop

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    Advice on bad experience In Fredericksburg Shop

    So I sold my Firearm in a fredericksburg Shop. Two Things happened. First they never notified me that it had sold. The only way i found it sold was i went to pick it up. I was ok with it. They wrote me check for my cut which was returned to me for NSF. And the shop is unable or unwilling to contact the owner. So I believe I am left with no other option then to file a civil suit.

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    Activist Member Wolf_shadow's Avatar
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    I would file civil suit against the shop. Also report shop to BBB. Not sure if bad check charges could be brought against shop owner. IANAL.

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    just looked at BBB and they wont handle a complaint if there is legal action pending. I will be going to courthouse after work.

    We do not handle:

    workplace disputes;
    discrimination claims;
    matters that are or have been litigated;
    claims about the quality of health or legal services.

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    Quote Originally Posted by Nightmare View Post
    Yes, BBB is toothless against non-members.

    But I think the language of the relationship with the shop could be more informative and precise. You left your gun on consignment with a resale shop without a clear understanding or (written?) contract. Who issued the bad check, not your business 'partner'?

    Yes I left it for sale on consignment. We had a written contract which stated the fees and the terms. They "the shop" wrote me a business check which bounced.

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    check

    I would use my first amendment rights and picked the place and inform any and all passers by that this business SCREWED YOU OVER, and might do it to you.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by lomalibu View Post
    Yes I left it for sale on consignment. We had a written contract which stated the fees and the terms. They "the shop" wrote me a business check which bounced.
    If the shop wrote you the check...You have grounds for criminal charges which can get tricky, so go carefully. I expect the Shop owner has done this before so I recommend before doing anything else, sending a certified letter to the person who signed the check , giving him ten days to pay plus a bad check fee.

    This is required for criminal but supports your check in a civil action too.

    Good luck!

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    I dont have the time to proceed with criminal charges i will just be doing a civil case.
    Last edited by lomalibu; 02-04-2014 at 09:46 AM.

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    Regular Member solus's Avatar
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    first i am not an attorney:

    contact police, file a police report of a stolen firearm (transfer in trust) (insist as they won't want to do the paperwork) and then call the local ATF agents serving your area and make and file a written complaint and get them involved (stolen firearms from a FFL is serious business)

    (a point you must make - quote while unsure, you do not believe the seller of your firearm followed local or national regulations when the organization sold your consigned firearm unquote
    then go to local courthouse and file a small claim complaint through civil judicial.

    you need to present the image you are trying w/due diligence you are attempting to get your firearm back and see point above want to assure the firearm isn't in the hands of some bad guy.

    these are things you can accomplish

    second, remember I am not attorney.
    Last edited by solus; 02-04-2014 at 10:29 AM.
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    Regular Member TFred's Avatar
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    Was this a gun store or a pawn shop?

    TFred

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    This was a gun shop

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    Regular Member MNMGoneShooting's Avatar
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    You have me curious... There aren't too many gun shops in Fredrock.

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    Quote Originally Posted by lomalibu View Post
    This was a gun shop
    Is it in OLD TOWN?

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    Regular Member MNMGoneShooting's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    Is it in OLD TOWN?
    God, I hope not. They have one of my firearms....

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    Regular Member TFred's Avatar
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    Quote Originally Posted by lomalibu View Post
    So I sold my Firearm in a fredericksburg Shop. Two Things happened. First they never notified me that it had sold. The only way i found it sold was i went to pick it up. I was ok with it. They wrote me check for my cut which was returned to me for NSF. And the shop is unable or unwilling to contact the owner. So I believe I am left with no other option then to file a civil suit.
    Quote Originally Posted by Blk97F150 View Post
    Is it in OLD TOWN?
    Can't be that one, first, nobody knows that there is a gun shop in downtown Fredericksburg, and second, I believe the owner is the only guy who is ever there, so there can't be an "unwilling to contact the owner" situation.

    ETA: Oops, I forgot... there are two now... guess it could be the other one I forgot about...

    TFred
    Last edited by TFred; 02-05-2014 at 09:16 PM.

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    Regular Member MNMGoneShooting's Avatar
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    Only leaves..... Hmmmm... Doesn't sound like their type of customer care.

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    Regular Member TFred's Avatar
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    Ugh... how long have I lived here now? Within the actual city limits, there are three "gun shops" that I am aware of, although one of them is primarily a gunsmith, who does also sell guns.

    ETA: Gander Mountain does sell used, but they are in Spotsy county, although many people don't distinguish that are from Fredericksburg. And I rather doubt Gander Mountain would bounce a check. Dick's at the mall does sell long guns, but I don't think they consign.

    TFred
    Last edited by TFred; 02-05-2014 at 09:35 PM.

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    Quote Originally Posted by MNMGoneShooting View Post
    God, I hope not. They have one of my firearms....
    Better you than me.

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    Regular Member MNMGoneShooting's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    Better you than me.
    LOL thanks man.

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    Quote Originally Posted by MNMGoneShooting View Post
    LOL thanks man.
    LOL! You're probably fine. They just rubbed me the wrong way when they first opened, so i put them into my 'not one red penny...' category, and I have avoided them ever since.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    LOL! You're probably fine. They just rubbed me the wrong way when they first opened, so i put them into my 'not one red penny...' category, and I have avoided them ever since.
    You need to learn to be more open minded and forgiving Blk......Like me!
    Last edited by peter nap; 02-06-2014 at 08:03 AM.

  21. #21
    Regular Member MNMGoneShooting's Avatar
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    So I think I know which shop we are discussing and know the owner. I'd advise the OP to go to the owner directly. If I'm right, he would not support his staff's blockade to keep you from contacting him. Can't explain the NSF. Again, if I'm guessing right about the business, they are pretty successful in sales.


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    Regular Member HPmatt's Avatar
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    Quote Originally Posted by MNMGoneShooting View Post
    So I think I know which shop we are discussing and know the owner. I'd advise the OP to go to the owner directly. If I'm right, he would not support his staff's blockade to keep you from contacting him. Can't explain the NSF. Again, if I'm guessing right about the business, they are pretty successful in sales.
    If you were dealing with employees as opposed the owner, and you got an NSF, issue is raised of who is in charge of the bank account. C/B owner doesn't know about the bounced check - thinks there is $$ in there, so could be a control of cash register issue involved.
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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by HPmatt View Post
    If you were dealing with employees as opposed the owner, and you got an NSF, issue is raised of who is in charge of the bank account. C/B owner doesn't know about the bounced check - thinks there is $$ in there, so could be a control of cash register issue involved.
    It shouldn't matter from the customers point of view HP!
    Writing hot checks is a serious blow to a business's credibility and failure to deal with it internally is a giant step to a going out of business sale.

  24. #24
    Regular Member TFred's Avatar
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    Regarding writing bad checks, serious question here:

    Where is the line that makes this illegal? In smaller towns where they still report such things in the local newspaper, you regularly see the arrest reports about folks being criminally charged for writing bad checks. Why does this not happen when a business does it?

    Should the OP call the police?

    TFred

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    Regular Member TFred's Avatar
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    Quote Originally Posted by Nightmare View Post
    § 18.2-181. Issuing bad checks, etc., larceny.

    Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony. In cases in which such value is less than $200, the person shall be guilty of a Class 1 misdemeanor.

    The word "credit" as used herein, shall be construed to mean any arrangement or understanding with the bank, trust company, or other depository for the payment of such check, draft or order.

    Any person making, drawing, uttering or delivering any such check, draft or order in payment as a present consideration for goods or services for the purposes set out in this section shall be guilty as provided herein.

    (Code 1950, § 6.1-115; 1966, c. 584; 1975, cc. 14, 15; 1978, c. 791; 1981, c. 230.)

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-181
    What is this "intent" you speak of!? Surely the author of this text has never read a gun law!!

    TFred

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