I need help with getting monies back

I purchased an amplifier from small amplifier manuf. in Lubbuck TX back in Nov. of 2001 and returned it for a refund in about 20 days of receipt. I shipped it by FedEx 3 day air insured for $2,500, the purchase price. About 5 days later, the owner informed me that he never received the amplifier. I immediately contacted FedEx and they did show delivery confirmation, although they have a release of signature on file so they left the amplifier at door. The owner claims that no release exsists so it was my responsibility to file claim but also stated that in the event that the claim was denied he would pay.

Well, I filed a claim and it was denied in Feb. and then followed up with an appeal which was also denied based on the fact that FedEx maintains that there is a valid release of signature on file.

Two weeks ago he sent a personal check to cover the 2,500 but stated that he needed a large order to come in, in order to cover the funds. I have repeatedly called his bank and they state that there are insufficient funds. What should I do at this point??
I think I have been more than patient in this matter. It is now over 5 months since the return of the amplifier.
Well, if he's bounced a check for $2500, he's in BIG legal trouble now - it IS against the law! Advise him of this and that you intend to file a complaint and start legal proceedings. The guy is a crook and needs to be treated as one.
Presumably, if you were the shipper and you purchased the insurance, you had the right at the time of shipping to dictate terms of delivery. So, if they have a release of signature on file, that release had to be signed by you to permit them to leave it at the door. Did you sign it? If you deny having signed it, did they give you a copy of the shipping document showing your release of confirmation? If they cannot produce the release and you did not sign one, you should sue FedEx in your local small claims court.

If you in fact did sign the release of confirmation, and he in fact never received it, you are stuck. But what I find curious is that a guy strapped for cash who denies having received the amp would then nevertheless agree to write you a check for $2,500.00. I know if I had been him, and if I had honestly never received it, I would have called the police to report a theft and sent you a copy of the police report with my apologies. But a check? No way.

Your options (such as they are): Call the police with a charge of theft, or file a suit in Lubbock TX to get your money back. Good luck.
Clearly, the manufacturer is either broke or keeps a special account so that you think that he is broke, seems like the former is more likely. At this point the best shot you may have is getting repaid in gear. You did not say why you returned the amp; I would be interested in knowing why. Perhaps the manufacturer has other gear around that you could use. Perhaps there would at least be some value in taking the amp back and reselling it. The dollar amount seems to be too small to get into expensive legal wrangleing about and the manufacturer may not be able to pay even if you have a judgement against him. Sometimes it's better to take what you can than hold out for something that's not going to happen. Just ask the folks that rode the good ship Enron.
Greetings Lhunsic, First you need to deposit the check into your account and have it returned, stamped NSF, then you hand it over to the D.A. and they will take it from there and usually get your money to you rather quickly. In the mean time I hope you have a back-up amp so you have your system running.
I agree with Sktn77a - go after the hot check writer.
i agree with sktn77a. i would call the d/a in lubbock and tell him you are holding a 2500$ nsf check for the mfg. which i believe is a felony in most states (depends on the dollar amount). or explain this to the mfg and make him send you a money order to replace nsf check. if not proceed with the above.

i have collected money this way (not from audio gear but other things)

if you are going to be a mfg....then you need to secure a cash flow system to maintain operations....or do not go into business. that is what the make banks for.

anyway. good luck jim
This is a legal question, not a stereo question. You need the advice of an attorney, not an audiophile.
Mr. Xxxxxxxx did return a Llano amp to us, and it did not arrive here. Fed Ex says they delivered it, but the driver is not quite sure about the address. In the past they have delivered to 48th street across town instead of 84th .

In every case it was parts, that had been opened, but they were able to recover them. We removed our signiture on file several years ago just because of this.

But, Mr. Xxxxxxx did everything right and Fed Ex refused to pay, I hate to see anyone loose money over a Llano product so I agreed to pay him. I ask him to hold the check, because our attorney told me to until we could get insurance fraud charges filed on Fed Ex.

What no one seems to see here is the fact that we really did not have to pay Mr. Xxxxxxxx at all. This is Fed Ex's problem, not mine. But, like I said, we have been in tha business 15 years and I hate to see anyone loose money, so I paided him out of our pocket.

The situation now is that Mr. Xxxxxxxx has been paid in full, and basiclly we have purchased the claim from him, and are going full ahead with a suite on Fed Ex for insurance fraud and loss. They are going to have to pay the cliam to us, plus the legal fees. About 6500 bucks. At this time we at LLano will not be shipping with Fed Ex anymore, and I would strongly recommend no one else does. If they loose it, no matter if it is insured, THEY WILL NOT PAY YOU!

Randy White
LLano Design

xxxxx = removed by Audiogon

Glad this is getting straightened out! Llanos are wonderful amps, and Randy’s an honest and helpful guy. I think he went the extra mile on this one.