I need some advice, serious problem (update 05/05/09)

[calypso*a*go-go]

Have fun Kat...check in when you get back.

Kelli -- I've still got fingers (and toes!) crossed for you...good luck!

 

[Lovemy3babes]

Thank you so much!

 

[dianeschlicht]

Any word yet, Kelli?

 

[Lovemy3babes]

Nope, nothing yet. I'm going to call and leave messages today. Just to remind him of what was offered to me.

 

[Princess Tinkerbell]

I just read your thread, and I wanted to say I am so sorry!!!! I hope this goof can reschedule your vacation.

 

[lauralw]

Hi,

Sorry to hear about all of the difficulties you have been having.

Just another suggestion: I think it would be possible for you to sue him in Florida under Florida's "long arm statute" because the property which is the subject matter of your contract is located in Florida.

This might work better for you for two reasons:

First, it would be more pleasant for you to travel to Florida than New Hampshire. If you can take your vacation there anyway and don't mind spending a little extra time to file your claim, this might work out well for you. If he does not respond, you will win a default judgment.

Second, when you seek to enforce your judgment you would need a Florida court to attach his property (DVC) in Florida anyway, so might as well start there.

I hope he responds to your calls and straightens everything out so that you don't have to think about this anymore.

 

[Lovemy3babes]

Hi,

Sorry to hear about all of the difficulties you have been having.

Just another suggestion: I think it would be possible for you to sue him in Florida under Florida's "long arm statute" because the property which is the subject matter of your contract is located in Florida.

This might work better for you for two reasons:

First, it would be more pleasant for you to travel to Florida than New Hampshire. If you can take your vacation there anyway and don't mind spending a little extra time to file your claim, this might work out well for you. If he does not respond, you will win a default judgment.

Second, when you seek to enforce your judgment you would need a Florida court to attach his property (DVC) in Florida anyway, so might as well start there.

I hope he responds to your calls and straightens everything out so that you don't have to think about this anymore.

Thank you for the great advice!

 

[Lovemy3babes]

Just wanted to pop on and let you all know he has not responded to any of my last phone calls. Messages were left at his office and at his home. This shouldn't surprise me I guess. I just thought since he made contact, that I would see a refund as he said I would. I'm bummed.

 

[mom2my3kids]

This is crazy, I worked with the same owner I rented from two years ago. Her price per point went up but its so worth me for peace of mind. I hope you get a refund..

 

[JimMIA]

Kelli, I hope this mess will not get to a lawsuit, but if it does I have a friend in Orlando who specializes in real estate fraud investigation and litigation. This is not a fraud case, but I'm sure he could refer you to someone with the right skills.

lauralw's suggestion above makes a lot of sense. You'd still have the problem of serving the court papers on him in NH, or wherever he is, but you'd have that no matter where you file. It would be a big plus, though, to get a judgement in a Florida court.

If you get a judgement out of state, you'd have to have it domesticated in Florida, and I understand getting default judgements domesticated here is difficult to do and easy to overturn.

Once you get the judgement, you demand payment, and when he doesn't pay, you slap a lien on his DVC account. If he still doesn't pay, the court could force a sale of the DVC account to satisfy your judgement -- probably selling it back to Disney for $55 per point, or whatever they're paying now. You'd get your money and costs, your attorney would get his fees, and the owner would get anything left after all the obligations were settled.

 

[rogerram]

You'd still have the problem of serving the court papers on him in NH, or wherever he is, but you'd have that no matter where you file. It would be a big plus, though, to get a judgement in a Florida court.

Not that hard when people here on the DIS know a lot of people in NH who are in Law enforcement who might be able to help. Give me a town and I'm sure I can get a contact for someone in that area.

 

[robinb]

Kelli, I'm sorry that the owner is still being a jerk. I was hoping that he would come around after working with KatGarcia. I am starting to get the suspicion that he double-sold the points ... once to you and then to KatGarcia when you had to cancel.

 

[Lovemy3babes]

You guys are awesome. Seriously, awesome. What a solid community. Thank you so much.

I suspect the same thing. That he profited twice off of the same points. That's sad.

 

[JimMIA]

Have you made that call to DVC yet? That's still an option if he doesn't pay up. He's obviously using his account for commercial purposes, and I'm sure DVC would like to know who he is. An owner like him is bound to be problematic for them; he's already had liens for not paying his dues.

 

[KatGarcia]

Luckily our points worked out and the trip was great (working on a tr now). I'm sorry to hear he isnt answering you kelli! Do you have all his #'s I can give u whatever I have (the cell included) if it helps any!

 

[Lovemy3babes]

Hi guys,

Yes Kat, I still have the #'s. Thank you so much for the offer!

A kind lady who's husband works in law enforcement in NH has contacted me as well.

Jim, I'm going to contact DVC. I'm also going to send my last certified letter on Monday. I'm tired of dealing this this. I wish he would just be honest with me, whatever the issue is. It really bums me out.

 

[Lovemy3babes]

Still here, still no refund. I am beyond bummed. Legal steps are going to be taken now.

 

[luvindisneyworld]

Well I am glad to hear that you are doing that.I would have done it long before now,I would not have let them get away with it this long. So sorry about this.

Still here, still no refund. I am beyond bummed. Legal steps are going to be taken now.

 

[dianeschlicht]

Still here, still no refund. I am beyond bummed. Legal steps are going to be taken now.

Good, and I hope you nail this bum.

 

[mom2my3kids]

That is horrible, I hope you get this person and get your money back.