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Best wishes, Jorge, Hope all you gentlemen win big. Mehul Kamdar "I ask, sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."-- Patrick Henry | |||
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+1! "Experience" is the only class you take where the exam comes before the lesson. | |||
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Sooooo, Who is next in line to buy Pete Noreen's action blueprints??? | |||
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As I understand it, Mr. Hein operated the business as a dba (doing business as), and did not represent to his customers that they were dealing with a corporate entity rather than himself as an individual. Further, what I can glean from Washington law is that the spouse is also liable, and that their joint assets are subject to execution (seizure and sale). If someone else has more info, please fill us in. | |||
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Jorge, I hope the legal system wears Hein out on this one. I came very close to sending him a big chunk of money for one of the single shot 97's. Thank goodness I went with Hagn, instead. Damn a man that lies and cheats. Josh | |||
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500grains covered it nicely. As promised, I'll keep you all informed. jorge USN (ret) DRSS Verney-Carron 450NE Cogswell & Harrison 375 Fl NE Sabatti Big Five 375 FL Magnum NE DSC Life Member NRA Life Member | |||
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Did it say that on any of the documentation that he gave to customers? Apparently not. I used to be on the Hein email marketing list back when he sent out periodic ads by email and I am pretty sure none of them identified the LLC. | |||
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That is an argument that Hein could make in court. Is he going to make that argument? | |||
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It's pretty tough, although not impossible, to get a prosecutor to bring a charge arising from a commercial dispute. But certainly worth considering. | |||
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My understanding based on WA State Law and case law, whatever that means exactly, is that a business has a duty to disclose the fact they are a LLC or some type of corporation. Hein has not done so either on his published web site or in any correspondence with us. This gives us the right to sue him personally. Howard Moses Lake, Washington USA hwhomes@outlook.com | |||
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So ok Attorneys, once a default judgemnt is granted, how hard/easy is it to start collecting? Does the law in Wa state allow us seize what? jorge USN (ret) DRSS Verney-Carron 450NE Cogswell & Harrison 375 Fl NE Sabatti Big Five 375 FL Magnum NE DSC Life Member NRA Life Member | |||
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Jorge and Howard, and the rest of you who are wrapped up in this unfortunate situation, I just read the whole thread tonight. Very sorry to learn what you are going through. I'll be watching for future posts as my interest has peaked as to what the final outcome will be. Good luck with this guys. Ted Kennedy's car has killed more people than my guns | |||
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I'm not an attorney (thank God) but I did successfully bring suit against a crooked outfitter. Once I had the summary judgment from the court I subpoenaed for the dirtbags bank records and tax returns for the previous 5 years. If I'd gotten his bank records I could then put a lien on any funds, but the day after the Sheriff delivered the subpoena the dirtbag showed up at my door with the cash. John Farner If you haven't, please join the NRA! | |||
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John, I doubt that Howard and Jorge's dirtbag will do the same. We know he can't come up with the product. | |||
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I am not sure whether you sued in small claims or regular district court, and I do not know Washington State Law specifically. However, in many states, you first have to have a Judgment "docketed". In some states a judgment automatically becomes a lien on real property at the time the judgment is docketed in a county. There is a priority system in place if there are many judgments against a person. Most of the time a Judgment does not become an automatic lien on personal property. You have to levy against that property. That is a whole different ballgame. You might have to do formal discovery (interrogatories, requests for the production of documents, subpoenas, etc.) to find out what assets can be levied against. Not all assets can be levied against, as some are exempt. You just have to find out what assets are available to levy against. In some states you can do a Garnishee summons upon an individual debtor's financial institution. And in some states you can actually motion for Liquidation receivership. If you have any property that you already owned at the debtors place of business, such as scopes or whatever, you can also try for an order for Replevin. | |||
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By the by folks, yesterday was the day Waffledick Hein was supposed to have delivered my rifle. Suffice to say all UPS delivered today were more shoes for the wife....jorge USN (ret) DRSS Verney-Carron 450NE Cogswell & Harrison 375 Fl NE Sabatti Big Five 375 FL Magnum NE DSC Life Member NRA Life Member | |||
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I'm curious if WA is anything like OR on its use of LLC's? In this state you can't operate under an LLC if you're providing a product or service that is being paid for with funds that are not within the state itself. In order to operate here, you have to be either a Sole Proprietor, Partnership, or Corporation. My understanding was that it was pretty much the same way across the US, since LLC's vary from state to state and don't hold water on a Federal level in terms of monies received, payments, loans, etc... We had once considered going through an LLC process, but our CPA said that because we receive funds from customers across the US, it wouldn't work. Sucks too, considering it's a lot less BS that you have to do with an LLC. Williams Machine Works | |||
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Yeah, but I bet she was happy. | |||
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Bump | |||
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BTT | |||
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I'd try and sue for a little extra for yourself. Think of it as an early Christmas, and then sue for more. | |||
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Its nice to think that but what we want is simply our money back plus the cost associated with us having to collect our money. All along up till we hired professional representation our first choice was to work with Hein to get what we ordered. Greg himself ruined that with his behavior. Howard Moses Lake, Washington USA hwhomes@outlook.com | |||
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I hope you guy nail him to a cross. 577NitroExpress Double Rifle Shooters Society Francotte .470 Nitro Express  If stupidity hurt, a lot of people would be walking around screaming... | |||
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We're clsoe to the end folks. Just as soon as I get the go ahead, I'll post the latest. jorge USN (ret) DRSS Verney-Carron 450NE Cogswell & Harrison 375 Fl NE Sabatti Big Five 375 FL Magnum NE DSC Life Member NRA Life Member | |||
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Great I'm anxious to hear what's transpired. Good luck  | |||
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Best wishes. Hope all goes well. Mehul Kamdar "I ask, sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them."-- Patrick Henry | |||
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BTT DRSS Member | |||
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Jorge, Hope the news is good. Jeff | |||
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Likewise! I hope you are made whole. Peter. Be without fear in the face of your enemies. Be brave and upright, that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong; | |||
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The news is good but nothing counts till money changes hands. Howard Moses Lake, Washington USA hwhomes@outlook.com | |||
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[QUOTE]Originally posted by Howard: The news is good QUOTE] | |||
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BTT You all are in our thoughts and not forgotten. RCG | |||
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Did the court spank his heinie yet? | |||
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you guys are killing me. I have been following this thread from the beginning and want specifics! 577NitroExpress Double Rifle Shooters Society Francotte .470 Nitro Express If stupidity hurt, a lot of people would be walking around screaming... | |||
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There are no specifics other then the lawyers are doing their back and forth to gain an agreement. Once we have them we will post the details as promised. Howard Moses Lake, Washington USA hwhomes@outlook.com | |||
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BBT  | |||
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Still in a holding pattern waiting for documents to be signed. Howard Moses Lake, Washington USA hwhomes@outlook.com | |||
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Howard or Jorge, Is Hein still actually building rifles or is the business now defunct? What a way to piss away an opportunity to have had a great business, what a dumbass Greg Hein is. | |||
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