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jacques
11-14-2011, 06:58 AM
I am new on this forum, former member of the old Oshkosh 365 and EAA member since 2 years.

I am airline pilot, flying the B747/400 for CorsairFly, French airline, and proud owner of a Kitfox 5 Vixen and a PZL TS-8 "Bies".

I need your help for a problem with a guy that post some adds on Barnstormer and the Kitfox forum.

The story:

I saw an announcement of Tom Garcia, "topfuel" which offers parts from a kit of Kitfox V. I asked him if he had flaperons and he said yes. He told me that he wanted 550 us $ for both and asked me to pay immediately. As he gave me his address and telephone number, as he is a member on the forum and as it is presented as a former employee of Kitfox airplane and an airplane mechanic, I trusted him.
I paid through Western Union. He then inquired for the transport and told me he will send by DHL. He asked me to pay for transportation for 643 us $.I also paid for by Western Union.

Then, I have had no news and after 10 days, he said that DHL is in charge of my parts. I called DHL and they confirm that they have never received a shipment for me. I say that to Tom and I asked him a track number. No reply again.

After a moment, he said he will refund me. I give him my address. (He had already because he had to send me the flaperons). After several days, I ask him news and its answer was: give me your address, stupid idiot, your address!

He started to insult me. I give him my address again, in case the stupid idiot is not the one we believe and of course, no more news.

I asked a friend of me, pilot of the U.S. Marines corps, with whom I flew over the Afghanistan and who lives not far from Tom to contact Tom to see what happens. No answer...

I asked several times Tom to refund the money and I told him I was going to make a complaint to the court, but nothing happens.

For now, I lost 1250 us $ (shares + WU tax + transport) and I think I dealt with was a crook ...

I asked the police office of Meridian, Idaho to help me and after investigation they told me:


Jacques,

I have investigated your complaint and there is not sufficient evidence for a criminal prosecution under the laws of the State of Idaho. Even if there were sufficient evidence it would be impractical due to the fact that you live in France. Similarly, it is impractical for you to bring a civil action in an Idaho court, as it would cost more than is at issue in this transaction. Tom Garcia has the Flaperons in his possession. I told him that he either had to ship them or refund the money to you, which he said he understands and that he plans to refund the money. However, having said that, he has already failed to refund the money by a given date, so I don’t have much faith in his word. Under the law the Sheriff’s Office cannot compel him to refund the money or to ship the items. The Idaho Attorney General’s Office has some authority to take action in civil matters, so I referred the case to them for review and possible action. The Attorney General’s Office has a copy of your original complaint to the Internet Crime Complaint Center as well as a summary of my findings. My sincere hope is that Garcia returns your money and puts an end to this soon.

Regards,
Detective ----
Ada County Sheriff's Office
CID

Jacques,

Idaho law states that a union of act and intent are required. Garcia's failure to perform; that is, to send the parts, standing alone, is not sufficient evidence to prove he did not intend to ship the parts, which is also written into law. The act is clearly present, as you adeptly demonstrated in your enumeration of the facts, but intent is the problem the state has to overcome. The burden of proof is on the state to prove beyond a reasonable doubt that Garcia never intended to ship the parts. If he did not have the parts there would be sufficient evidence. Receiving money for items one does not possess demonstrates the intent to defraud; that he could not possibly keep the promise to ship the parts and that he lied when he said the parts were on his property. Since he possesses the parts that is not the case, so there is reasonable doubt as to his intent. Another way to show intent is a series of repeated failures to perform or deliver after receiving payment, but that does not exist. There are only two complaints over a period of three years. Changing his name to bypass Barnstormers' restrictions on his use of their web site is underhanded and probably in violation of Barnstormers terms and conditions for use, but it is not criminal in and of itself, so long as he has the parts he offers for sale and does not demonstrate a pattern of non-delivery.

That was a long explanation to say that it would require proof that when he posted the items for sale and subsequently took your money he never intended to send the parts to you. The fact that he did not send them is not sufficient on its own, and other factors that would aid in proving that are absent. He has the parts as advertised. There is not an identifiable pattern of repeated activity that indicates a common scheme to aid in proving intent; however, if he continues in this manner a common scheme could emerge.

Please understand that I am not excusing his actions and certainly he is in the wrong not to ship the parts or refund the money to you, but the case does not fall into the criminal system, which is why I sent it to the Attorney General's Office. The Attorney General has some authority over commerce and the ability to take people into civil court. I wanted to make them aware of Garcia and call to their attention his business practices for possible action now and in the future if Garcia should continue to do business in this manner.

Frankly, even if this were a good criminal case the Prosecuting Attorney's Office would not file it due to the cost of doing so. Over the years I have worked many criminal cases of non-delivery of merchandise that went unfiled for this very reason.

I hope I have addressed your questions satisfactorily.

Regards,
Detective ---- -------
Ada County Sheriff's Office
CID
If one of you has bought the flaperons from this guy, it would help me as the Detective can immediately start a new enforcement vs. Tom Garcia for selling parts more than one time.
Here is what happens with Tommy Garcia, 2495 W. Lake Hazel Rd, Meridian, Idaho 83642 (208) -515-0809


Thank you for your attention and your help.




topfueltom1 (http://www.teamkitfox.com/Forums/member.php?u=1984)

Join Date: May 2011
Location: Meridian Idaho
Posts: 2


Kit fox VIXEN kit for sale



Hello all. I have a never assembled Kit fox VIXEN for sale. Alum landing gear, wheel, tires, brakes, welded-out fuselage, Flaperons, Aluminum window sheet metal, lift strut material, premolded instr panel, WINGS SOLD today so I’m dropping the price. I now will take $6000.00 for all you see plus much much more! There are so many extra I will throw in. View the pictures and then call me at 208-515-0809. Call as late as you want or as early as you want. This kit must go!










topfueltom1 (http://www.teamkitfox.com/Forums/member.php?u=1984)

Join Date: May 2011
Location: Meridian Idaho
Posts: 2


kitfox 4,5,&7 parts



I have (1) new model 4 right hand fuel tank $300.00. (2) sets of powder coated lift struts make offers on each. (1) 2pc model 3 & 4 round cowling in primer $400.00. Call (208)-515-0809 and ask for TOM. Shipping can be arranged or transport half way is an option also.

Janet Davidson
11-14-2011, 09:41 AM
Jacques,

Sorry to read about your misfortune. How very disappointing & frustrating for you.

Did you share all if this sorry tale with the folks who run Barnstormers too? I'm not sure it will help your particular situation but I can't imagine they want to be associated with this sort of behaviour.

Good luck. I hope you get the result you would like.

jacques
11-14-2011, 01:40 PM
Janet,

Barnstormers banned this guy for fraud after the investigation of the detective.

Thanks for your message.

dewi8095
11-15-2011, 06:53 AM
Jacques:

Your distance from the culprit greatly complicates the issue. Most US states have small claims courts that don't require attorneys to present a claim or represent a claimant. If you were in the U.S. you might travel to Idaho and sue for restitution in that court venue. It may be possible to find an attorney who would represent you inexpensively, but not likely. Each state also usually has a consumer fraud office located in the state capital. Use the internet to find out if there is one in Boise, Idaho, and if so state you case as you did to the Meridian police. Also using the internet, check to see if Meridian, Idaho has a TV station. If so, look on it's web page for a link to its Ombudsman. Many stations employ such an Ombudsman to look into people's problems with non-payment and other local consumer problem issues. Good luck and I hope it works out.

Don

Janet Davidson
11-15-2011, 07:09 AM
Jacques,

You might also want to monitor eBay and craigslist as alternative places for him to sell the flaperons?

rosiejerryrosie
11-15-2011, 09:50 AM
I don't want to be the bearer of sad tideings but, recovering a "small" sum is going to be nearly impossible. I do some work for a tent rental company and, within the past year, we went to small claims court to recover a $3000.00 plus debt owed us for the rental of some of our equipment. Filing the claim cost us $150.00 for court expenses which would be returned to us should we win the case. We won and awaited our settlement. Nothing happened for six months so we returned to court to be advised that we needed to contact the sheriff's office who could make recovery for us. Processing at the sheriff's office cost an additional $300.00 which was to be added to the amount recovered. After a wait of six more months (the one person in the sheriff's office who processed these actions was overwhelmed) we were advised that no recovery was possible because the defendent claimed to have no assets. So we were out not only the original $3000 but the added costs of trying to recover it..... you just can't trust some people....:(

danielfindling
11-15-2011, 10:01 AM
I agree with the detective regarding a civil remedy. The cost to pursue the case would likely exceed the damages you suffered. The detective gave examples of Mens Rea (guilty mind) and Actus reus (guilty act) which are prerequisites for a crime. Intent is best defined as a person's conscious desire or a substantial certainty events would occur. Theseconcepts are taught in the first year law of school.

However, I find it highly suspect that there are not other charges that could be brought against Mr. Garcia under Idaho law. It appears the detective is looking at the case in terms of simple theft. Idaho statute: http://www.legislature.idaho.gov/idstat/Title18/T18CH24SECT18-2403.htm However, there are certainly other crimes under common law and Federal law that the individual likely committed.

It appears that the police are relying on the notion that it would be impractical [to prosecute] due to the fact that you live in France.
Be persistent, ask to speak to a prosecuting attorney. Alternatively, maybe there is a sympathetic EAA lawyer in Idaho willing to take up your cause?

Finally, although this does not help your current predicament, there are internet brokers to prevent this type of fraud in the future. Another option would be to pay by credit card and dispute the charge if the goods are defective/not shipped.

Best of luck,

Daniel

Sirota
11-15-2011, 10:28 AM
Boy Jacques, Hearing your story makes me embarrassed to be the same nationality as this creep. I'm so sorry for your trouble

Tom Downey
11-15-2011, 10:55 AM
We need some body in Idaho to go smack this guy.. Never use Western union to send any body money. that's another problem we need to fix.

jacques
11-15-2011, 03:53 PM
Thanks all for your messages!

Chuck Arnold
11-15-2011, 08:41 PM
Bonjour, Jacques. I am sorry to hear of your difficulties in dealing with this jerk. I do believe that you might be able to pursue a small-claims case against Mr. Garcia. Small-claims cases are easy and inexpensive to file if you can find a local representative. (Perhaps a fellow Kitfox owner near Boise would be willing to help out? Another possibility is to contact a local media outlet like the Idaho Statesman newspaper at idahostatesman.com or a local TV station, like KTVB.com, and talk to the metro reporter. They might be interested in covering the story of how a local scumbag has been defrauding a Allied Veteran of the War on Terror. You did mention you served in Afghanistan? This might shame him into acting, although this guy appears to be beyond shame. I wish you well. I hope you get a speedy and satisfactory resolution of the problem. Maybe someday we'll get to hear how well your new flaperons work....

Chuck

Eric Marsh
11-15-2011, 09:50 PM
The web can be a pretty powerful tool if you know how to use it. I got ripped off for $10k by a con who goes after coatings professionals. Since I'm also a software professional I decided to do what I could to prevent the same thing from happening to others. Here's my solution. http://texliner.info (http://texliner.info/) Hopefully one day the FBI will see fit to prosecute but two years later that still hasn't happened.

jacques
11-16-2011, 01:45 AM
Thanks for all your ideas.
I am going to try to contact newspapers and if I can find a fellow Kitfox owner near Boise.
I have send an email to the detective yesterday asking him if he can just check if this guy have still the flaperons or not. As he was in a hurry to sell all his parts, if the flaperons are not at his home, the detective can reopen the file due to the fact that Garcia had sell 2 times the parts and this is a fraud.

Some pictures of Afghanistan where French are flying with US planes to support your and our troops that fight and die on ground.

Fuel is cheaper in the USA than in France!!!

1005

1004

escorting 2 mirage 2000 bombers
Talibans last minute...

1006

Landing on a US Navy big boat!

1003

Janet Davidson
11-16-2011, 08:00 AM
I think a photo of the Kitfox landing on
a US Navy big boat! - now that would be cool ;)

jacques
11-17-2011, 01:05 PM
So nobody from Idaho that can help me????

Hal Bryan
11-17-2011, 02:46 PM
Jacques - for what it's worth, a link to this post will be in this week's e-Hotline newsletter that will be emailed this evening. I'm hoping that will help connect you with someone who can be of some assistance.

jacques
11-17-2011, 04:15 PM
Jacques - for what it's worth, a link to this post will be in this week's e-Hotline newsletter that will be emailed this evening. I'm hoping that will help connect you with someone who can be of some assistance.

Thanks very much!

jacques
11-22-2011, 02:56 AM
No body from or close to Meridian, Idaho 83642 that can help me?

Janet Davidson
11-22-2011, 01:22 PM
Is it possible for you to get an interline ticket & go to Idaho yourself? Its a long way, but might be an effective waying of sorting this out once & for all?

jacques
11-22-2011, 01:46 PM
Is it possible for you to get an interline ticket & go to Idaho yourself? Its a long way, but might be an effective waying of sorting this out once & for all?

I can do that of course. But if the guy is not here when I will be there? (he does not answer to my email or phone call) If he deoes not open the door? if he refuse to refund the money? and so on...As I am French, I have no chance to go to court in this state.

Tom Downey
11-22-2011, 02:01 PM
If you do meet with him, and he refuse to comely, you are allowed to kick his A$$. REMEMBER Idaho is an open carry state. :) A shot gun poked up a guys nose has been known to change his mind. :)

Janet Davidson
11-22-2011, 04:13 PM
Could you arrange to meet the police officer/sheriff you have already dealt with, and go with him to the guy's house. Allow yourself a week, or however long you can spare, and go back every day until you find him? If you find him the first day, you've got another few days to explore Idaho ;)

Bill Berson
11-22-2011, 04:30 PM
He may be living one day at a time without any money left.
Not much can be done in that case, as far as I know.

Louis
11-22-2011, 05:11 PM
Jacques: In case there is any confusion, I'm sure you realize Mr. Downey is probably joking as it isn't likely that any court in this land would consider intimidating a swindler to be a justifiable use of deadly force. An "assault with a deadly weapon" charge would probably not be healthy for an airline career!

I do feel your pain. It hurts when ones trust is betrayed and that has happened to me several times in this business. Looking on the positive side, however, the very fact that so many of us in the aviation field are willing to extend trust to strangers worldwide shows that for the most part folks are still deserving of that trust and that's a good thing.

From the aviators I met as a kid, along with reading the writing of great aviators such as Lindbergh and your own Exupery (still my favorite aviation writer) I started out thinking only those of high ideals and integrety flew the skies. It was hard finding out later on in life that not everyone associated with aviation was perfect...some very far from it! I still think, as a group, we're pretty darn good!

I wish you luck. I know a few Kitfox owners here in Fairbanks and I'll pass on your information when I see them so they can avoid dealing with that charactor. Thanks....Louis

jacques
11-23-2011, 02:14 AM
Jacques: In case there is any confusion, I'm sure you realize Mr. Downey is probably joking as it isn't likely that any court in this land would consider intimidating a swindler to be a justifiable use of deadly force. An "assault with a deadly weapon" charge would probably not be healthy for an airline career!

I do feel your pain. It hurts when ones trust is betrayed and that has happened to me several times in this business. Looking on the positive side, however, the very fact that so many of us in the aviation field are willing to extend trust to strangers worldwide shows that for the most part folks are still deserving of that trust and that's a good thing.

From the aviators I met as a kid, along with reading the writing of great aviators such as Lindbergh and your own Exupery (still my favorite aviation writer) I started out thinking only those of high ideals and integrety flew the skies. It was hard finding out later on in life that not everyone associated with aviation was perfect...some very far from it! I still think, as a group, we're pretty darn good!

I wish you luck. I know a few Kitfox owners here in Fairbanks and I'll pass on your information when I see them so they can avoid dealing with that charactor. Thanks....Louis

Mr. Downey was joking....damn, I was thinking comming with a Super etendard marine with the 2 30mm guns...

My former airline was Cargolux and I did some landing at Fairbanks with some stay at the "Sophie station motel" and some retaurant at the "Turtle club". Nice place (in summer) with nice old birds (DC6,7). Thanks for your message to Kitfox owner's.

Louis
11-24-2011, 03:43 AM
Mr. Downey was joking....damn, I was thinking comming with a Super etendard marine with the 2 30mm guns...

My former airline was Cargolux and I did some landing at Fairbanks with some stay at the "Sophie station motel" and some retaurant at the "Turtle club". Nice place (in summer) with nice old birds (DC6,7). Thanks for your message to Kitfox owner's.

That would certainly teach that guy some manners!

It's a shame Cargolux isn't dropping in here anymore. We used to get Air France and also Lufthansa. They apparently all got rerouted through Anchorage, etc. I miss seeing all those heavies.

There was a guy named Gumi (that's how it sounded, not sure of the spelling) who flew for Cargolux who would always drop by and see us at Wright Air Service and would occasionally ride along on our schedules when he had time. Did you ever run into him? He was from Iceland and his family ran an air service over there.

Thank you for your service protecting our freedom. Have you ever come to Eielsen AFB for military excercises? Let me know if you're ever coming back this way so I can press you into service as a guest speaker at one of our EAA chapter meetings...Louis

jacques
11-24-2011, 07:05 AM
I remember Gumi, I did 2 or 3 flight with him. Nice guy. I also remember during one take off from PAFA with a F-15 taking off from Eielsen and just doing a close flight to us for 10'. Nice!

I do not come anymore in this part of the world with my airline or when I fly for the Navy. It is more on the midle east...

jacques
11-27-2011, 05:51 PM
So, I ask the local newspaper : no answer, same with the local TV...

Nobody from Idaho as a lawyer or any else...

Even the police or law can not help me.

Todd copeland
11-27-2011, 06:52 PM
The injustice you must feel! I would send your friend to his place for a visit. This guy should at least have to end up face to face with someone and answer for what he does. I agree, this country is way to easy on those who steal, I face it in my business when an employee steals from me and the police do absolutely nothing, but god forbid I don't get back to the authorities when child support or the like isn't handled by my business as this government sees fit. I feel your pain.

Janet Davidson
11-27-2011, 08:51 PM
Jacques,

Sorry to hear you are not getting anywhere. Sadly there are rogues and swindlers the world over. I, and my family, have had the misfortune to come across one in my hometown in Scotland, and another one in the south of France. In both cases it was pretty much impossible to get the money back. Even the one in Scotland, who lived a couple of streets away from me, and whom I took to court. Deeply frustrated by it all, eventually I tried to mark it down to experience, and learn never to allow myself to get in the same position again.

Sounds to me like your man believes whole heartedly that you will never go to Idaho to get your money back so he has absolutely no concerns. There's only one way to sort that out.

Honest idaho
01-19-2012, 06:04 PM
FYI he has moved to the Boise craigslist. He is offering a started baby lakes. Has no pics but is offering the world for 1000. Dollars. Jacjues I have a good friend that's an attorney here in Idaho. I will speak with him about your issue with mister Garcia. It may be possible for you to give me written permission to pick these items up for you. That being the case it could then be determined if he has them or not. I did a quick search on mr. Garcia on the Idaho repository and he has had other claims filed against him in the past and the plaintiffs prevailed. After I talk with my friend I will see what angle we can come at to corner this guy. I am sorry you have had issue and hope you don't let this experience tarnish your opinion of us idahoans. I will be in touch.

jacques
01-20-2012, 01:24 AM
Thanks very much for your help. I can send you a written permission to pick these items up for me or even the refund if he wants to. Just be sure that I have a very good opinion of idahoans, as well as other people from your country and other country. People on earth are all good person, but sometime when culture, politic, religion or MONEY is a matter, things change...

Honest idaho
01-22-2012, 10:00 AM
Jacques,I have sent you a private message outlining all information need. The sooner we get this all rolling the better. This guy just continues to rip people off.RegardsMatt

JoeB
01-22-2012, 01:22 PM
Not sure what exactly it means, but did you see this on Barnstormers today?

TRYING MY BEST TO MAKE EMMENDS (http://www.barnstormers.com/classified_626105_Trying+my+best+to+make+emmends.h tml) • ANNOUNCEMENT • Notice: I Tommy Garcia am responsible for making amends to Jaques Suires. $1,250.00 for flaperons. • Contact Tom Garcia (http://www.barnstormers.com/contact_seller.php?to=114549&id=626105&title=Trying+my+best+to+make+emmends&return=%2Flisting.php%3Fmode%3D%26page%3D2) - TIME MACHINES LLC (http://www.barnstormers.com/contact_seller.php?to=114549&id=626105&title=Trying%20my%20best%20to%20make%20emmends&return=%2Flisting.php%3Fmode%3D%26page%3D2), Owner - located Meridian, ID USA • Telephone: 208-515-0809 . • Posted January 22, 2012 • Show all Ads posted by this Advertiser (http://www.barnstormers.com/listing.php?mode=usersearch&user=114549) • Recommend This Ad to a Friend (http://www.barnstormers.com/recommend.php?id=626105&title=Trying+my+best+to+make+emmends) • Email Advertiser (http://www.barnstormers.com/contact_seller.php?to=114549&id=626105&title=Trying+my+best+to+make+emmends&return=%2Flisting.php%3Fmode%3D%26page%3D2) • Save to Watchlist (http://www.barnstormers.com/ad_manager/watchlist.php?ADD=626105) • Report This Ad (http://www.barnstormers.com/report_ad.php?id=626105&title=Trying+my+best+to+make+emmends) • Finance New Lower Rates! (http://www.barnstormers.com/bac_loan_calc/bac_loanCalc.html)

RV8505
01-22-2012, 03:25 PM
Just throwing this out there but If it has to go to Small Claims Let's take up a collection for Jacques and get power of attorney and maybe we can get someone to go to court in his place. He is a vet after all! I would go but I'm on the other side of the country. Somebody helped me out when my stuff was stolen.. Karma

Honest idaho
01-22-2012, 06:25 PM
Yes I met with Tommy today and he has assured me he is going to make good on this with Jacques, as a show of good faith he made that post. He has told me as well he has been in direct contact with Jacques. So Jacques please keep me update on the progress. Thanks Matt

jacques
01-23-2012, 02:26 AM
I was surprised to receive an email fromTom and he apologized for any problems and he will send me money or flaperons. It is a sudden change, but if it's true, that's good.

I will keep you informed of what's going to happen and I want to thank you all for your help and your support.

I stay awake and I still keep below the elbow all your offers of help and advice in case off...

It may be that I come live in your country in 4 or 5 years, the school-leaving my last son, for two reasons: he will join the French navy and he will stay in the United States for two years for training with the United States Navy and then because it is very difficult in France to fly a warbird and experimental and as I have a PZL TS-8 "Bies"that will make first flight after overhaul in May and my little Kitfox that teach my son to fly, it will be a good place for both of them.

If so, I invite you all to come have a beer and take a flight on the Bies in memory of Tom and your help!

jacques
01-28-2012, 02:54 AM
Honest Idaho, Do you have a phone number?

Frank Giger
01-28-2012, 11:31 PM
Last edited by jacques; 01-23-2012 at 07:29 AM. Reason: my english!!!

Which is infinately better than my French!

jacques
02-07-2012, 05:18 AM
15 days and no news from Tom Garcia....

jacques
02-19-2012, 02:49 AM
One month and still no news of money or parts. This add was just to win time and let think to all off us that this guy was finaly a good guy. It seems not!

RV8505
02-20-2012, 09:23 PM
I figured it would go wrong when the wait and see approach came forward.. By now the money is spent the parts are gone. I think now the best course of action is not to throw good money after bad and chalk it up as a life lesson and go forward. I'm sorry for your loss.

jacques
02-21-2012, 04:36 PM
I will not let him quite. Be sure.

jacques
03-06-2012, 04:27 AM
Well, after a little investigation of the police, it seems that some on this forum are not who they say they are and come only to show that Tom Garcia was becoming nice.

Tom Garcia pretended to apologize to sell its aircraft parts quietly and keep the money he owes me. Of course, a crook is a crook and all this was again a lie. I'm sorry for all of us lovers of the plane so that an individual uses our forum for that.

The FBI, through the internet crime complaint is being investigated and will take place soon. Tom Garcia was convicted in France for fraud and has no interest in putting his big fat ass one day on the French territory. Note how an idiot like that might want to travel and discover the world ....

steveinindy
03-06-2012, 06:17 AM
My former airline was Cargolux

So you used to come through my part of the world. I see the Cargolux 747s in and out of here. One of their crews got a good laugh when the Indianapolis tower controller goofed up and cleared them to takeoff with a wake turbulence advisory for the "traffic on roll out on 23R". The traffic just happened to be a 172 with myself and a friend on board. ;)

If you (or anyone else from the forums) ever find yourself here again, let me know.

JoeB
03-06-2012, 07:33 AM
...it seems that some on this forum are not who they say they are and come only to show that Tom Garcia was becoming nice.

Tom Garcia pretended to apologize to sell its aircraft parts quietly and keep the money he owes me. Of course, a crook is a crook and all this was again a lie. I'm sorry for all of us lovers of the plane so that an individual uses our forum for that..

Hello Jacques,
It is really not very clear who exactly you are referring to with this statement, you may want to be more specific if you feel this is important to share.
While I certainly hope your statement wasn't directed towards me for posting Mr Garcia's barnstormers ad. I was simply attempting to pass on his public apology to you.
I'm sorry for your loss and extreme frustration in this situation. I wish you the best.
Joe

Tom Downey
03-06-2012, 10:47 AM
Seems like my advice in post #9 and 21 gain credibility. The only time these type do the right thing is when they fear for their life.

Bill Greenwood
03-06-2012, 12:03 PM
Several people here have mentioned small claims court and I think my info may be of interest, if no help directly to Jacques. I have been to small claims court 3 times, won 2, settled the 3rd.

A local contractor, a friend even, did a stone deck for me,and his charge was much a lot higher than the estimate. The other factor is he would not even show up for work and his mom kept asking for a check that day, so I got suspicious, maybe too much so. I suggested we go to court and let them decide, which we did and split the difference,he seemed fine with that.
Turns out later it came out that my friend is an alcoholic, and while he might have good intentions one day, the next morning he is drunk and can't get to work. A real shame, an otherwise nice guy, but he just can't kick the habit, he is now serving a 1 year sentence for multiple dui offenses, luckily without hitting anyone. He is not a mean drunk, he would just drive his truck somewhere, park and pull out a bottle.

2nd case,the repair shop put the wrong part on my plane, part number was close, but not exact and it failed soon. Big shot head of FBO in Chicago ignored my polite letters until night before the court case and offered partial refund. I won full value refund in court, and got the payment.

3rd, case, loaned $2000 to a local kid's ski coach who I thought I knew, who was from a good family in town, and I had a written contract. No payment, lot's of bs, so I went to small claims court, and found he had 23 previous judgements against him and his wife even had a few. I won the court easily he didn't even show up. BUT GOT NO MONEY, he claimed to have no assets,even the old truck was not in his name. Found he had cheated other people in town.

If you go to court: The good news
1. iT'S Cheap, fee here is only $45.
2. Don't need attorney, not even allowed.
3. If you have evidence, documents etc. you can get a fair hearing and win.
4. Small claims means a max amount, here now is $7500.

THE BAD NEWS, all you win is the right to have the sheriff seize the assets to pay the claim. What you most likely find is if the guy is really a full time con man, that he either has no assets of any worth or has hidden them in some way. I still think it is worth $45 to have a court decide that I am in the right, and get a record on file against someone like that.That might help the next guy.

jacques
03-06-2012, 01:23 PM
Hello Jacques,
It is really not very clear who exactly you are referring to with this statement, you may want to be more specific if you feel this is important to share.
While I certainly hope your statement wasn't directed towards me for posting Mr Garcia's barnstormers ad. I was simply attempting to pass on his public apology to you.
I'm sorry for your loss and extreme frustration in this situation. I wish you the best.
Joe

Not you Joe. Thanks for the add.

I cant tell more, it is a mandatory, I am sure you understand.

jacques
03-06-2012, 01:27 PM
If you go to court: The good news
1. iT'S Cheap, fee here is only $45.
2. Don't need attorney, not even allowed.
3. If you have evidence, documents etc. you can get a fair hearing and win.
4. Small claims means a max amount, here now is $7500.

THE BAD NEWS, all you win is the right to have the sheriff seize the assets to pay the claim. What you most likely find is if the guy is really a full time con man, that he either has no assets of any worth or has hidden them in some way. I still think it is worth $45 to have a court decide that I am in the right, and get a record on file against someone like that.That might help the next guy.

How can I go to the court?

I am redy to let all the money to the Sheriff just to give a good lesson to this guy.

steveinindy
03-06-2012, 06:43 PM
I am redy to let all the money to the Sheriff just to give a good lesson to this guy.

If you're willing to just donate the money (and actually get it), might I suggest you give it to a volunteer fire department or ambulance service in that area. Chances are they would need the funding more desperately than the sheriff's department

Janet Davidson
03-06-2012, 07:08 PM
Jacques,

I'm sorry to read that there has been no positive resolution to this issue. I wonder if you have tried posting on any other forum? Maybe Vans Air Force, or propilotworld.com? It may be worth trying to spread the word about this person, and you might find that you come up with a contact or someone who has been treated in a similar manner. Or a Kitfox forum, if there is one. I can't remember if you tried the local newspaper. You may find they would be interested in following up with a story?

steveinindy
03-07-2012, 12:06 AM
Another option might be to contact the state bar association and see if they have any organizations in the area that would be able to assist.

jacques
03-07-2012, 01:52 AM
If you're willing to just donate the money (and actually get it), might I suggest you give it to a volunteer fire department or ambulance service in that area. Chances are they would need the funding more desperately than the sheriff's department

I will do that :volunteer fire department or ambulance service or if there is the same than in France : kids and wife of guy that left there lives in some war : we have around 100 kids and you have 1000 that were killed in Afganistan, and I know some people here that need help. I am sure it the same with you.

jacques
04-14-2012, 03:37 AM
This was in january and was just to sell more parts to other guy and maybe screw more people. Since that I have no news and no action from this guy.

TRYING MY BEST TO MAKE EMMENDS • ANNOUNCEMENT • Notice: I Tommy Garcia am responsible for making amends to Jaques Suires. $1,250.00 for flaperons. • Contact Tom Garcia (http://www.barnstormers.com/contact_seller.php?to=114549&id=626105&title=Trying+my+best+to+make+emmends&return=%2Flisting.php%3Fmode%3D%26page%3D2) - TIME MACHINES LLC (http://www.barnstormers.com/contact_seller.php?to=114549&id=626105&title=Trying%20my%20best%20to%20make%20emmends&return=%2Flisting.php%3Fmode%3D%26page%3D2), Owner - located Meridian, ID USA • Telephone: 208-515-0809 . • Posted January 22, 2012 • Show all Ads posted by this Advertiser (http://www.barnstormers.com/listing.php?mode=usersearch&user=114549)• Recommend This Ad to a Friend (http://www.barnstormers.com/recommend.php?id=626105&title=Trying+my+best+to+make+emmends)• Email Advertiser (http://www.barnstormers.com/contact_seller.php?to=114549&id=626105&title=Trying+my+best+to+make+emmends&return=%2Flisting.php%3Fmode%3D%26page%3D2)• Save to Watchlist (http://www.barnstormers.com/ad_manager/watchlist.php?ADD=626105)• Report This Ad (http://www.barnstormers.com/report_ad.php?id=626105&title=Trying+my+best+to+make+emmends)• Finance New Lower Rates! (http://www.barnstormers.com/bac_loan_calc/bac_loanCalc.html)

Bill Greenwood
04-14-2012, 09:30 AM
I wrote about my experiences in small claims court, and you wrote, "how can I go to court"?
The normal way to go to small claims court is to go in person to the clerks office of the town where this took place. They will have the forms for you to fill out and pay the small fee. You probably need a check on a U S bank or cash, not foreign currency.
I don't know if someone else can file the claim in your name for you, but in any event you would need to be there in person when it comes to trial. Do you have any written contract or documents to prove your claim, or is it just your word? If you really have a good case, and documents to prove it, :then the other side, the defendant may not even show up at the trial, so you would liklely win the court judgement. But as I said and as once happened to me, then may come the problem. The sheriff is only going to enforce the judgement against assets that he can find readily like a bank account or a car or airplane. If the guy has no assets or none in his name then it is like trying to get blood out of a turnip.

jacques
04-15-2012, 01:20 AM
I wrote about my experiences in small claims court, and you wrote, "how can I go to court"?
The normal way to go to small claims court is to go in person to the clerks office of the town where this took place. They will have the forms for you to fill out and pay the small fee. You probably need a check on a U S bank or cash, not foreign currency.
I don't know if someone else can file the claim in your name for you, but in any event you would need to be there in person when it comes to trial. Do you have any written contract or documents to prove your claim, or is it just your word? If you really have a good case, and documents to prove it, :then the other side, the defendant may not even show up at the trial, so you would liklely win the court judgement. But as I said and as once happened to me, then may come the problem. The sheriff is only going to enforce the judgement against assets that he can find readily like a bank account or a car or airplane. If the guy has no assets or none in his name then it is like trying to get blood out of a turnip.

Bill,

I have all documents, money invoice, emails for this case. The guy is under judgment in France and he realy not have to come in Europe...There is also an internet crime complaint file. For the moment, the only problem for me is to come in person to the clerks office of the town where this took place and I do not know if I can send someone to do that for me.

Maybe one of you can call the clerks office of Meridian to see if somebody can do that in lieu of me?

jacques
05-15-2012, 03:16 PM
No idea????

jacques
05-22-2012, 10:58 PM
Still no idea?

jacques
07-04-2012, 12:51 AM
Today, it is America's national day. I am sure you are thinking to all your boys all around the bad world.


They are good people in your country, but there is also people like Tom Garcia, that are not men but nothing. This guy do not care about other and is happy to take money from other.


I have call for help with your police, justice and they canot do anything. We are in a strange world where bad guys can play and win and honest guy loose.

Eric Page
07-04-2012, 06:03 PM
Jacques,

I don't live in Idaho so I can't do any leg-work for you there, but I spent a few minutes looking for some info to help you get started. Here are a couple of links to the court and a legal aid organization in Boise (Meridian is in Ada County; Boise is the county seat). It looks like you may be able to file a small claims case online.

http://www.adaweb.net/CourtAssistanceOffice.aspx

http://www.idaholegalaid.org/SelfHelp/SmallClaims

Bonne chance!

jacques
07-05-2012, 12:41 AM
Merci for your help!

I am going to work with your links.

jacques
08-24-2012, 03:17 PM
One year and 2 month and nothing happen : your police and justice do not do anything. The guy did some appologizes but it was just to win time and to show all of us that he was a nice guy. In fact, he is a crock and a liar.

Here, in Europe, he is under court descision and he must not land somewhere under european justice, like Tahiti, west indies or any other country or teritory. But in USA, he is free.

rosiejerryrosie
08-25-2012, 07:03 AM
Jacques, Unfortuantely, this is not all that uncommon. An ambulance company has owed me over $3000.00 for over four years now and all I have seen of it is more expense trying to get my money - court costs, sheriff's fees, lawyers fees, etc. I just gave up as persueing it just cost more money with no return.

jacques
08-26-2012, 01:15 AM
In fact on this planet, there is real heores like MR Neil Amstrong and you boys I meet in Afganistan and parasite like Tom Garcia.

jacques
02-23-2013, 05:10 PM
So end of story....

This crock just appologize and say he would be better and that's ok. Police, justice, nothing can do anything and monkey like Tom garcia can do what they want.

Strange world.

58boner
02-23-2013, 10:33 PM
Doesn't anyone believe in Karma? I had never heard the name Tom Garcia before today, But I assure you if I ever meet anyone named Tom Garcia I will kick him square in the nuts. That's the beauty of the free enterprise system. You may never get your money back but you may ruin his credibility (or whatever he had) and destroy his chances of ever making a dime from anybody else in the future. It may be cold comfort to you but take my word for it for every douche bag Tom Garcia out there, there are over a hundred square shooting honest types just sick of Tom and his type.
I wish there was something I could do to ease your pain, but really it makes me recollect and think how lucky I have been dealing with strangers in so many transactions in the past.
Caveat emptor... Did I spell that right?

jacques
03-18-2013, 01:04 AM
Caveat emptor... Did I spell that right?

Yes you did.


I am sure now noone will buy or help this guy anymore. It is allready done here in Europe : evrybody know what he did and he will never sell something in the old world.

1600vw
03-18-2013, 06:55 AM
This is why I use PayPal. They will stand behind you. I have been dealing with them going on 10 years. They have gone to court for me more then once. They hire the attorney and handle it all. The last time PayPal was in court for me I was out flying RC Airplanes that day. We won that case too.

I have some very interesting stories from this but this is not the time.

Fly Smart