GREAT post Sean, and all points, concisely given and explained.
Jeff
On Jan 12, 2010, at 3:35 PM, Sean Linkenback wrote:
Jim,
you do realize that this is a civil suit and not a criminal one,
yes? Innocent until proven guilty isn't really a term used in this
case, that's for criminal trials (such as Haggard's upcoming trial
when the FBI arrest him).
But I wasn't attacking Debi, just expressing my disbelief that her
dealings with Jim have had to come to a lawsuit.
In this particular case the facts are quite clear:
1. Jim paid Debi for a lobby card (that she apparently received in
a trade from Haggard)
2. This lobby card was later determined to be fake
3. Jim returned the lobby card to Debi and is awaiting a refund
There can only be a few reasons that Debi is refusing to refund in
this situation.
1. Jim DIDN'T pay Debi for this item, or Debi did not accept
payment for it (Jim's proof of payment says this is not true).
2. The lobby card ISN'T fake (report from Carol Tincup says this is
not the situation)
3. Jim DIDN'T return the card to Debi (proof of receipt says this
isn't true).
4. Jim switched out a real card for a fake one? (a ridiculous idea
that anyone who knows Jim would attest to)
5. Jim somehow profited from the deal and Debi is refusing to
refund (not sure how you profit when you spend money buying a fake,
but I'm listing it anyways)
For months Bruce has been warning of the dangers of dealing with
people who have sold fakes and would not accept responsibility for
doing so, here we have clear evidence of a supposedly reputable
dealer selling a fake and not refunding the customer who has
purchased it.
Debi needs to do the right thing and refund Jim Gresham and pursue
the forger who sold/traded her the fake just as many others are doing.
And Jim, to answer your question - NO. Like Bruce, in my years of
dealing I have never had a lawsuit or a court case, either against
me or initiated by me.
I guess having some sort of a moral compass and actually attempting
to do the right thing instead of just pay lip service to the
concept has served me well so far.
Sean
----- Original Message -----
From: jim episale
To: MoPo-L@LISTSERV.AMERICAN.EDU
Sent: Tuesday, January 12, 2010 10:19 AM
Subject: Re: [MOPO] Universal Horror Fraud Update
Sean
It is really beyond belief that you continue until attack Debi.
Have you NEVER been involved in a lawsuit? The First thing that
your attorney tells you is not to discuss the case. It will be
interesting to see what finally comes out. And I hope that you will
be as quick to apologize as you have been to criticize As for me I
still believe in the adage of our American Justice system “
Innocent Until PROVEN Guilty”.
jim
Check out our shop video
http://www.youtube.com/watch?v=0-n2AznLA8o
http://www.youtube.com/watch?v=lCP7PaO-2tk&feature=related
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jim episale
Unshredded Nostalgia
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800-872-9990 609-660-2626
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From: MoPo List [mailto:mop...@listserv.american.edu] On Behalf Of
Sean Linkenback
Sent: Monday, January 11, 2010 5:43 PM
To: MoPo-L@LISTSERV.AMERICAN.EDU
Subject: [MOPO] Universal Horror Fraud Update
There have been two new cases filed against sellers of fake
Universal Horror posters:
GC 091284 James Gresham v. Debi Jacobson
CV 06529 Movietime, Inc. et al v. Haggard
It is no surprise to see another case against Haggard (this time by
the owners of the eBay ID JerseryProductions), and anyone else who
has been defrauded by Haggard needs to act soon to preserve their
rights against his pending bankruptcy filing.
But it is sad to see Debi Jacobson still refusing to take
responsibility for selling a Universal horror fake. For someone who
wanted to "do the right thing", I guess the right thing means
defending against a lawsuit instead of refunding a customer who
returned a fake item to her several months ago.
Makes me quite glad that I deal with people like Bruce, Heritage,
Todd F., and others who stand 100% behind their material and offer
unconditional money-back guarantees
(as I also do), and not dealers who offer questionable tactics and
hide behind attorneys.
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