Any lawyers here?

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Posted By: Ryan Christoff

Since I am one of maybe 2 or 3 non-lawyers on this board, I'm hoping I can get some help from one of you legal eagles to assist me in completing a transaction.

It may seem off-topic, but it is not. The cards in the transaction were all vintage and others might learn from it. I obviously have the most learning to do. Here is the situation:

A little over a month ago I completed a deal with collector for a group of very rare cards. Several were from my personal collection and the nicest examples known, which I replaced with lesser examples. The total amount was nearly 6 figures. Part of the terms I agreed to was that I would fly to the collector's city and hand-deliver the cards in person. We both agreed that it was the safest way. If they had been lost during shipment, even if the full insured amount had been paid, it would have been an unbearable loss due to the importance and scarcity of the cards.

I flew down and had lunch with the collector and we spent several hours talking about vintage cards and baseball in general. I felt we really hit it off and was pleased the way it went. That day I received slightly less than half the total amount, which was what we had agreed upon. The rest was to be paid in a few weeks. We wrote out a contract that he signed saying he was buying X number of cards for X dollars and owed X amount to be paid within 30 days. Rather than take the rest of the cards back with me and then ship them out at a later date, I decided to leave the cards with him. I know this sounds incredibly naive and stupid. This collector has been a major buyer of vintage cards and done business with MANY members of this board. For what he collects, he has amassed one of the finest collections in the hobby. There have been several threads here wanting to know more about him. Please do not ask who it is and if you think you know, please keep it to yourself as that is irrelevant to my question. I do not mean to slight him in any way.

I waited patiently expecting to be paid a week or two after I delivered the cards. The worst case scenario would be waiting the full 30 days, or so I figured. All of this money has already been allocated toward other purchases that are on hold until I receive payment.

It's now been over 30 days and for the last two weeks I have been trying to get an answer as to when I can expect payment. We have basically been playing phone tag, but I have repeatedly asked for him to just leave me a message with an approximate date, but have not received one. He is incredibly busy (I got to witness this first-hand during our lunch) but it seems like we're past the point where that can justify not answering my inquiry. I haven't been demanding about it and am very easy to work with when people need extra time to pay. I run regular auctions every 3 months and when someone who is a regular bidder wins something they often receive their items before they even send payment out. I have not had a single problem doing business this way.

Wow, sorry this is becoming a novel. Here is my question: Is there anything I can legally do that will help me receive payment? I do have the contract in my possession. I've never felt that his intentions were to rip me off and not pay me at all. I think he just needed more time, although never mentioned that to me. At this point, I don't have any more time to give because I have other deals that hinge upon me getting this money and it's nearing a point where it is unfair to those that are having to wait. I should not have told these people that I would have the money within 30 days, even though I expected to. Getting paid from this other deal is not something I can control and it was a mistake on my part to promise something I had no control over.

The most concerning part to me is the lack of communication. I really don't know what to do so I thought I would reach out to other board members who may have had similar experiences in the past that could offer some advice. You don't need to be a lawyer to respond, but if there is a simple legal solution known, I would love to hear it. I'd imagine it would depend on the state where the transaction took place. E-mail me privately and I will tell you the state.

Thanks for any and all help offered. Sorry to clog the board up with my personal problems.

-Ryan Christoff

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Posted By: ncard

Sue the bastard!

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Posted By: warshawlaw

Like Otter said to Flounder in Animal House "You f-ed up, you trusted us."

Seriously, what you have is a simple breach of written contract for the sale of goods. You will need to sue him in the jurisdiction where the cards were delivered, unless the contract said otherwise.

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Posted By: Alan

Ryan -- Sorry to hear about it. I agree with Adam. You will have to deal with him in court in his location. If this guy is a public figure (politician, CEO, former pro athlete, etc,...) you could get support from the local newspapers/TV.

Alan

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Posted By: Josh K.

Ryan,

I already emailed you privately. If the guy is in NC, let me know.

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Posted By: Todd Schultz

A formal demand letter should be sent, giving him x days to fully comply with his payment obligations. This is a prudent first step prior to filing litigation, as it may obviate the need for suit altogether. In states where atttorney's fees and pre-judgment interest may be awarded (like Arizona), a demand also shows the court that reasonable efforts were made to avoid judicial intervention when those remedies are thereafter sought.
Also and as a matter of form, a letter from an attorney shows that you are prepared to go to the next level while still affording him a somewhat graceful way out.

If the demand proves unscuccessful, you will likely have to file suit in his jurisdiction, although if he has sufficient contacts with your state (does business there, summer home, etc) then the courts in your state would at least have personal jurisdiction. In that event, you could file at home and argue that the place of his performance (i.e., payment) was in your state, such that the case should be heard there. Plan on that being contested with a motion to dismiss/transfer, however, as the argument is not particualrly strong. Still, if such motion fails and the matter proceeds in your state, that factor alone can provide leverage for him to make this debt good.

Sorry to hear of your plight, and hope it works out well enough in the end.

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Posted By: Identify7

Well, Im certainly not a lawyer, but I have been a trusting fool who got myself into your predicament more times than I will admit.

What has worked in the past for me is to advise the guy who owes you money that based on his comittment to pay, you have extended similar comittments to pay others. And because you feel that your obligations are important, you will take out a loan to fulfill them.

Then state that if money is not received from him by a specific date, you expect him to pay the interest on your loan.

I have not met with a continuance to ignore my request for payment after sending this letter certified. If I did find continued disinterest in my requests, Id then take legal action.

Edited to add:
Ooops, this may be the same as what Todd said - but I understand mine.

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Posted By: tbob

And if that doesn't work, tell him you have a couple of friends you'd like him to meet, Johnny Little Banannas and Big Nose Vito.
Seriously, you are in good shape with your contract but you need to understand if he decides to prolong things, it could be a while before you get your money because even after filing suit and obtaining a judgment, you'll have to enforce it by attachment or execution, a pain in the ass.

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Posted By: Gary Nuchereno

He may for whatever reason be unable to pay you. Think about what cards you would want back (maybe weighted in your favor for all the stress) and offer the option to get them back. Right now you are out both the cards and the cash. This gives him a reasonable option if he just can"t pay!