Anyone know a lawyer?

**mylittledemon** · #1 09-06-2008, 09:53 AM

I'm at the end of my rope with this Rick Turner issue. For those of you that don't know, I paid Turner several thousand dollars in May 2006 for a Model 1 guitar. It wasn't up to the specs that I requested, so I sent it back. It's been well over a year now since the guitar was sent back to his shop. They keep telling me, it's "nearly" complete. This was about 4 months ago. They said it again 2 months ago...then 5 weeks ago. See the pattern?

I called them 10 days ago requesting a refund, and that told Barry (Rick's asst) I no longer wished to do business with them. No response in regards to the bank transfer. I called yesterday and left a msg saying, again, that I wanted a full refund and I no longer wish to do business with them in any way. Mind you, I've been really nice to these guys. I'm not bullying on the phone, and I don't scream and yell.

I really don't know what else to do. I've never had this happen to me before in any other situation so I'm kinda lost. I don't think I can take them to small claims because I'm in FL and they're in Cali. So...yeah...Thoughts?

SuzeQuze · #2 09-06-2008, 09:59 AM

I'm pretty sure Justin waited 3 years for his then decided he's a Strat guy anyway. F*ck Turner that's ridiculous and I don't blame you for not wanting to do business with him anymore. As far as what to do legally I don't know. My Dad always gets refunds by going in and raising his voice. But I don't know that they even have a shop where you could do that. If they do, it might be worth the plane ticket. I can send my Dad with you, he'll get your money.

**mylittledemon** · #3 09-06-2008, 10:02 AM

Quote:

Originally Posted by SuzeQuze

I'm pretty sure Justin waited 3 years for his then decided he's a Strat guy anyway. F*ck Turner that's ridiculous and I don't blame you for not wanting to do business with him anymore. As far as what to do legally I don't know. My Dad always gets refunds by going in and raising his voice. But I don't know that they even have a shop where you could do that. If they do, it might be worth the plane ticket. I can send my Dad with you, he'll get your money.

It IS ridonkulous. I really don't know what to do. I'm already in the hole "X" amount of money with this guy. I don't want to fly all the way to California just to put on some act and raise my voice. I'd probably laugh while trying to pretend to be pissed off! Anyway...I've made it VERY clear what I want and they just continue to ignore me. That's what is upsetting to me. You don't pay several thousand dollars...to a reputable business...and then get shafted like this. Too bad I'm not good friends with the Buck, I'd just have him call Rick up.

David · #4 09-06-2008, 10:08 AM

Sounds as if Turner is the Brandi's Dream of luthiers.

**mylittledemon** · #5 09-06-2008, 10:11 AM

Quote:

Originally Posted by David

Sounds as if Turner is the Brandi's Dream of luthiers.

I have no idea what that means...but...okay?

Richard B · #6 09-06-2008, 10:53 AM

Before you spend money on a lawyer or going to small claims (cost money too), I would certainly put the heat on them first. Don't be Mr. Nice Guy, go full steam ahead. Let your demon out.

I also would immediately send them a certified letter requesting your refund and explaining the issue. This will give you more credence if it does go to court. Judges like to see that you made serious efforts to rectify the situation. It's easier to document letters than verbal conversations, which often turn into here say.

Good luck! And again, let that demon out.

Josh2003 · #7 09-06-2008, 11:04 AM

You could also try your state Attorney General's office. I know in Ohio, ours has a website for filing complaints against businesses...they've done out of state businesses too, so you wouldn't necessarily have to contact California's AG.

From what I've seen in Ohio, a representative will contact the business and explain the complaint. Many times, the business finding out that an Attorney General is involved is often enough to get them to act.

paleshadow · #8 09-06-2008, 11:12 AM

In NY there is a guy that has a segment on the news called "Help me Howard". You write in or call with a problem you are having with a business, usually financial. He then shows up at the business with a camera crew and confronts them. Usually they end up slamming the door on him, but most of the time the people who called for help end up getting refunds, or whatever they were after. If you don't have something like that you could still suggest to them that you may take your complaint to the public in some form. Nobody likes bad press.

Mad4stevie · #9 09-06-2008, 12:01 PM

Jurisdiction issues can be tricky. A court has to have both subject matter jurisdiction (jurisdiction over the type of case) and personal jurisdiction (jurisdiction over the individual that you are suing). Just because the person or company is out of state does not mean that you have no jurisdiction in your state. This is an over-simplification, but you might have jurisdiction if their business has done business in your state. In any event, if you filed something in your state, they would need to travel there to object to jurisdiction. If they don't show up, it is possible to get a default judgment in certain circumstances.

Did you have any kind of sales agreement or contract with them??

I am a lawyer, but have not been practicing due to the fact that I been teaching law full time at the college level. Therefore, please know that I cannot provide specific legal advice to you, but will provide some commentary to hopefully point you in the right direction.

**mylittledemon** · #10 09-06-2008, 06:14 PM

Quote:

Originally Posted by paleshadow

In NY there is a guy that has a segment on the news called "Help me Howard". You write in or call with a problem you are having with a business, usually financial. He then shows up at the business with a camera crew and confronts them. Usually they end up slamming the door on him, but most of the time the people who called for help end up getting refunds, or whatever they were after. If you don't have something like that you could still suggest to them that you may take your complaint to the public in some form. Nobody likes bad press.

Yeah, I'm not out to be vindictive against the guy...I just want my guitar. Or a refund.

A friend suggested Judge Judy...

paleshadow · #11 09-07-2008, 01:05 AM

Quote:

Originally Posted by mylittledemon

Yeah, I'm not out to be vindictive against the guy...I just want my guitar. Or a refund.

A friend suggested Judge Judy...

Sometimes the mere suggestion would be enough to get your refund. I think it would only count as being vindictive if you already got a refund or your guitar, but as it stands they still have both. At this point I think it would be better called being persuasive.

**mylittledemon** · #12 09-07-2008, 06:42 PM

Quote:

Originally Posted by paleshadow

Sometimes the mere suggestion would be enough to get your refund. I think it would only count as being vindictive if you already got a refund or your guitar, but as it stands they still have both. At this point I think it would be better called being persuasive.

Well I uh...went thru with the Judge Judy application. I would imagine a summons from the Judge would be enough to frighten them into some sort of reaction.

paleshadow · #13 09-07-2008, 07:58 PM

Quote:

Originally Posted by mylittledemon

Well I uh...went thru with the Judge Judy application. I would imagine a summons from the Judge would be enough to frighten them into some sort of reaction.

I bet! Especially from HER! I always wondered how that works though. Both parties have to agree to be on the show don't they? Plus, I believe that whatever money is awarded is paid by the show, so if they were to agree to be on and lost, they wouldn't actually have to pay you anything. So other than being humiliated by Judge Judy on TV, it's actually not a bad deal for them.

**mylittledemon** · #14 09-08-2008, 08:12 AM

Quote:

Originally Posted by paleshadow

I bet! Especially from HER! I always wondered how that works though. Both parties have to agree to be on the show don't they? Plus, I believe that whatever money is awarded is paid by the show, so if they were to agree to be on and lost, they wouldn't actually have to pay you anything. So other than being humiliated by Judge Judy on TV, it's actually not a bad deal for them.

I'm not sure to be honest. All I did was email them from the website form. I would imagine that they get a summons from Judge Judy in some way, or a call or...something. I would think that would be enough for them to finally contact me.

iamnotafraid · #15 09-08-2008, 05:43 PM

Sorry to read about your problem. I'd always thought about buying a Turner guitar, but not now. If they are treating you this way I don't want anything to do with them. Don't give up! I would get a lawyer. I don't think it would have to go to court, a letter from a lawyer can do wonders.

Good luck.