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#1
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Posted By: Ryan Christoff
In the "Mike Plemmons" thread the other day I mentioned that I'd been taken for a large sum of money by a board member. At the urging of numerous board members, I will share more about the situation. I first posted about this back in May. Here is a link to that original thread: |
#2
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Posted By: Tom Boblitt
Tell PSA to get a new proofreader.......pharaoh's misspelled....... |
#3
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Posted By: Daniel Bretta
Ryan, I hope everything works out for you on this....Man that had to make you sick to read that PSA story. Probably even sicker if the Gibson card pictured is yours. |
#4
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Posted By: Hal Lewis
"Civil Conversion" is the legal term for what has taken place. |
#5
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Posted By: barrysloate
I read the article in the SMR and it seems a little bizarre to me that a man that successful would resort to ripping off a collector for what is to him a modest sum of money. Is there more to this story than meets the eye? |
#6
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Posted By: Julie Vognar
the loser paid the fees... |
#7
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Posted By: andy becker
.....if we lived in england. |
#8
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Posted By: Hal Lewis
"Loser Pays" really doesn't work well in our system. |
#9
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Posted By: BlackSoxFan
Couldn't agree with you more Hal.... |
#10
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Posted By: Todd Schultz
but some states do award attorney's fees to the prevailing party in a contested contract action--I've been practicing in one for 20 years. |
#11
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Posted By: BlackSoxFan
Of course todd...i think we all know that someone can be awarded the fees...but i think hal is saying that it would be impractical to make it a law in every type of case. He's not saying that it doesn't happen, that it isn't a law in some areas, or that it is necessarily unreasonable if it does happen. |
#12
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Posted By: leon luckey
Not to put words in Todd's mouth but I think he IS saying it's the law where he lives/practices.....regards |
#13
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Posted By: Hal Lewis
ANY type of contract case? |
#14
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Posted By: BlackSoxFan
Sorry i meant to say... IN ALL CASES ... heheheheh |
#15
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Posted By: Hal Lewis
Granted, and lawyer worth his salt will have an "attorney's fee provision" included into any contract he drafts for a client... |
#16
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Posted By: Judge Dred (Fred)
Civil conversion? Wow - |
#17
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Posted By: Todd Schultz
Sunny Arizona. And to answer your hypothetical, no, it's highly unlikely (read no way) that you would be considered prevailing party if you sued for $1M and won $1. Different story (probably) if you sued for $1000 and won $800, and then had $25K in fees. It would depend on prelitigation and post-litgation demands and settlement offers, to see how much litigation was necessary/could have been avoided. Also, judges not juries determine fees, and certain factors must be shown relating to reasonableness. |
#18
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Posted By: BlackSoxFan
I love it when you guys know more than i do.....keep talking ... i'm gonna shut up now and read! |
#19
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Posted By: James Feagin
Barry, |
#20
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Posted By: Peter_Spaeth
It seems hard to believe a man with a $2 million collection would stiff someone for 30K. Perhaps there is more to the story than meets the eye (as Barry suggested), but in any case we lawyers (and the rest of us I imagine) look forward to hearing the facts. |
#21
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Posted By: zach
ya....let's here the story! BTW Ryan sorry about not returning an email about the Capablance, my dad and I are still thinking about it. |
#22
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Posted By: Julie Vognar
Ted, "I couldn't agree with you more," (whatever it was you finally said....) |
#23
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Posted By: Anson
$30k is more than enough to make sure this guy is blacklisted with collectors and earns his well-deserved reputation. |
#24
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Posted By: Brian (misunderestimated)
(and I apologize for my "lawyer talk") but is there a way to get this "out of contract and into tort" as a (statutory) consumer fraud claim ? Then attorney fees may be available... No need to respond I just had to get my (non-billable) two cents in. |
#25
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Posted By: Ryan Christoff
First, let me say that I’m a little leery of posting in great detail about the situation since it appears there will have to be legal action taken. The bottom line is, I just want my money. And I don’t want others to go through the same experience I’m going through with the same person. I’m not looking to ruin anyone’s reputation here. If anyone’s reputation is affected by this deal it is due to their actions, not my posting about it. |
#26
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Posted By: Chad
I don't know this Sergio or have ever had dealings with him, but I do know from my having done business with Ryan that he holds himself to the highest standards of ethics. He's also generous and extremely trusting. After meeting him in person at the National, he let me take a card home without paying for it because I had the chance to purchase a higher priced card from another source. On another occasion, he even offered to loan me money for a card if it's auction price by some miracle stayed within reason. We've talked on the phone several times for hours about the niche of baseball history we're both passionate about, but we've also talked at length about the "business" of our hobby and what's right and what's wrong. All of this is to say, I think Ryan's credentials are impeccable as anyone who has dealt with him knows and, if this does become a case of who credibility on this board and in the hobby, I think Ryan has earned the benefit of the doubt. |
#27
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Posted By: warshawlaw
I represent a lot of contractors, tradesmen and post-production facilities in the motion picture industry. I have sued a good number of very wealthy, "powerful", famous people. Just because the amounts in question are small potatoes to them doesn't mean that they don't go out of their way to try and keep what isn't theirs. It often seems that many of these people see it as a power trip to force a contractor to eat his bill, consider themselves to be hardball negotiators with a reputation that requires them to try it, or are just bent on proving that they will pay their creditors when they damned well please because they are big, important people in control of things. Right now I am wrapping up a case involving a major record company executive who cheated his contractor out of under $25,000 for his mansion remodel. I've had to pursue collections for clients who've done special effects on Oscar-winning films and are still denied their contracted-for fees on those films because the producer gets pissed off over some supposed personal slight or just wants to flex his muscles and prove he can force the contractor to eat **it. That a wealthy collector would gyp Ryan on a relatively small deal is by no means far-fetched. Ryan's situation sounds like a power play; the big, rich customer will pay when he feels like it, not when the merchant rightfully demands it. |
#28
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Posted By: Gilbert Maines
I agree wholeheartedly with boxingcardman. The practise of not paying the copmparitive smaller party is rampant in our society. |
#29
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Posted By: jackgoodman
Agree completely with Warshawlaw and Gilbert. |
#30
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Posted By: David Smith
I wonder what Mr. Marce and Mr. Delgado would think if I represented a person interested in a "million dollar home" in Miami, I took the buyer to see the home and they loved it, gave the two gentlemen a Certified Check for $700,000 dollars and moved in immediately with the promise to pay the remainder in 30 days. |
#31
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Posted By: James Feagin
For those who still find it hard to believe that a guy with a multi-million dollar would steal for "peanuts", I would offer this. There's an old addage that an {insert adjective} knows the price of everything and the value of nothing. Sergio has the money to pay the price on perhaps anything. However, the value of his collection, relationships, money, anything are mere formalities. Someone who doesn't value such attributes, no matter how wealthy, will screw over somebody for $100 just as often as they would for $1 million. It's not a price issue, but a character/value flaw. |
#32
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Posted By: Matt Goebel
becuase I consider Ryan to be a great friend and I have been privy to the situation from the outset. Let me echo the sentiments of other board members in saying that Ryan has always acted with the utmost integrity and professionalism. I have participated with him in many deals over the years that make this one with Mr. Delgado pale in comparison, and I have never given a second thought as to whether or not Ryan was trustworthy. |
#33
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Posted By: Aaron M.
Doesn't sound to me like this guy is on any sort of power trip or looking to stick it to Ryan. Just seems like he is living (and buying cards) that are well outside his financial means. Translation: he's buying cards he can't afford, but like an addict he can't stop buying. Sound slike a BS'ing real estate "developer" to me. |
#34
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Posted By: Bottom of the Ninth
Having been a business manager for the past 19 years for higher net worth clients, I can tell you from personal experience that many of these people would be the first to admit they are not great handling their finances. Many do not have the time and/or the ability. I would have no way of knowing if Mr. Delgado is one of these people or if he is simply someone who may live beyond his means. |
#35
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Posted By: Julie Vognar
which goes to show that nothing goes to show... |
#36
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Posted By: Josh K.
Julie, |
#37
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Posted By: Julie Vognar
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#38
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Posted By: Jorge Marce
No Josh the one being attacked as Ryan points out is the Rooky13 team. Which he calls me and Sergio. I think thats wrong. Rooky13 is the name I use on Ebay. I did not buy his cards on Ebay. While yes, the majority of the cards I purchase are for Sergio, I purchase for others as well. Sergio bought his cards, a one on one deal, which since Sergio ended up closing the deal and I got cut out from my usual comm. rate. If I had a beef with one of the major consigners in Ryans auction house, I don't think I would take it out on Ryans auction house. Even if Ryan introduced me to him. |
#39
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Posted By: Peter_Spaeth
I suppose an interesting question that Mr. Marce might know the answer to would be, how many cards costing how much has Mr. Delgado purchased during the time he has owed money to Ryan? |
#40
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Posted By: Chad
There was an agreement in place and Mr. Delgado didn't and hasn't lived up to the agreement. Period. To try to attack Ryan's ethics and reputation as a defense is pure, unadulterated crap. |
#41
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Posted By: Josh K.
Jorge, |
#42
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Posted By: Jorge Marce
I did misread your first statement. I'm sorry. I wrote it when I first came in from work, around 2 am. |
#43
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Posted By: Ryan Christoff
Jorge, |
#44
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Posted By: Ryan Christoff
Just a brief note to clarify that my above post was in response to Jorge's "Facts and Opinions" post. I didn't see the "You are right Josh" post until after I posted. |
#45
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Posted By: barrysloate
Jorge, you are really working overtime defending your client and explaining your position in this matter. I think it is shameful that Mr. Delgado has allowed you to be subjected to all this heat and caused you hours of posting on this board without being man enough to step forward and both explain his side of the story and get you off the hook. You have some responsibility here because I assume you get a commission every time you bid on a card for your client, but you have been subjected to all the slings and arrows of this dispute without the person you are defending coming to your defense. |
#46
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Posted By: Ryan Christoff
Jorge, |
#47
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Posted By: Jorge Marce
First of all, Leon you may display any emails I have sent you. Ryan that was very nice of you to lend me $100 which I immediatly gave you a check for. And this is my whole point. Ryan at what point did you decide to stop being nice to me and tell me to get a lawyer. What was the last straw? What am my guilty of. Am I guilty of cheating you for $30,000 like the Mike Plemmons thread reads. I think that if I had a check from somebody who I distrusted I would cash it right away and see if it clears then make the accusations. Has it been cashed yet? I didn't write the check so I really can't say wether it will clear or not. Ryan I have found you to be a knowledgeable person and a pleasure to be around. Its your emails and phone messages that drove me nuts. And its being called a crook that I cant forgive. The last time I checked with the auction house we still owed them money and that was a few days ago. Maybe somethings changed but I guess you would know better than I. |
#48
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Posted By: Jorge Marce
My reference is to when Sergio agreed with the auction house to pay your invoice. And maybe you would know the date better than I. Your reply is that you had an excuse for not paying your invoice, and i find that you saying somebody not paying their debts on time because of a reason, to be an interesting statement. |
#49
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Posted By: leon
Neither Jorge, nor Ryan, have sent me any private emails about this. I am staying out of it..... |
#50
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Posted By: R. D. Cook
Now this is a must-see reality show! |
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