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I had 4 air purifier machines manufactured by EqoQuest stolen

Customer Question
by my Sponsor under the...
I had 4 air purifier machines manufactured by EqoQuest stolen by my Sponsor under the pretense of him selling them for me in Oct '08. He never sent the money, returned the machines, and the home offices of EqoQuest said they won't get involved as each of us were "private dealers." Do I file my demand letter (I lost about $3,056.00. He resides in Orlando, refused to answer the Ethics coordinator at EqoQuest and won't ackowledge any contact from me.    Bill Tautphaeus 3337 Stoney Creek Drive, Clayton, NC 27520 XXX-XXX-XXXX   [email protected]
Submitted: 8 years ago.Category: Business Law
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6/1/2009
Business Lawyer: Richard - Bizlaw, Attorney replied 8 years ago
Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,703
Experience: 30 years of corporate, litigation and international law
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You say your sponsor stole yor machines and sold them. Could you explain exactly what you mean when you say "stole". Did you ship them to him under a particular understanding on how they would be sold? If so what was the agreement? What role does a sponsor have in your system.

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Customer reply replied 8 years ago
He was my coach and mentor. If I had any problems or questions, he was my contact to go to. I served directly under him as one of his franchise persons, starting my own business. I orignially ordered 5 units from the home office in TN and only sold one. That was May. By October, he offered to help me sell the other four if I would ship him the units. I ageed. (Nothing in writing. All verbal agreement.) He said it would take about a month. When he nothing happened, I asked for the units back. He said he'd ship them back. That's the last I heard. That's when I went to the home offices of EcoQuest asking ethics to get involved. They wrote him to resolve the matter. He never replied. I saved all those emails. I also have the UPS shipping notices stating he did receive all 4 units. I used the word "stole" since from October to the present, I haven't gotten the sales money or the units back. As he ignored EcoQuests' home office requests when they inquired and asked him to resolve "the issue" he neglected to respond. I'd call that "stealing" $3,056.00.
Business Lawyer: Richard - Bizlaw, Attorney replied 8 years ago

You will have to file a lawsuit. Check with the local small claims court to see what is the most you can recover in that court. In different states the limit the small claims court can handle differ. If for example, the most the court can award is $3,000 it is worth it to file a small claims suit in your local small claims court. File the lawsuit where you live. The clerk of the court will explain how to make service on someone who lives out of state.

 

If the person does not appear you can get a judgment in your local court and then have that judgment docketed in Orlando Florida and seek to collect on your judgment. The very fact of filing the lawsuit and serving your sponsor will probably make him more responsive and you may be able to reach a settlement without taking further action.

Richard - Bizlaw
Category: Business Law
Satisfied Customers: 10,703
Experience: 30 years of corporate, litigation and international law
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