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Shady Lane

RE: Wally Malewicz is a "thief"

66.53.121.147

cdb

In Reply to: RE: Wally Malewicz is a thief posted by mbrooke on July 20, 2009 at 16:07:59

My HO is that you should have consulted an attorney on the potential repercussions of announcing someone as "a thief" on a public board, and on the Internet. Unless you are so situated as to be prepared to defend a defamation of character action over your few hundreds of dollars.

If what you claim is correct, then perhaps your best stand is the FTC rules regarding mail-order delivery and notification requirements. Do your homework. This a Local Small Claims Court issue. State AG's don't do $300 whines.

As I was advised decades ago on personal matters: "Don't put your shit out on the street". At best, you'll get a group hug.

In this case, because: "Like an idiot, I did not pay with credit card and I missed the Paypal dispute period", if anyone has the slighest interest in your lousy business dealings, a knot on the side of the head is in order.

Follow Ups:

I doubt the OP is expecting anything in return-even a "group hug". - powermatic 11:35:46 07/21/09 (2)
What he's probably trying to do is alert people-once again-that if you send this guy money, there's at least an even chance that you won't be provided with a product in return. In other words, he's performing a public service.

As for "potential repercussions", you make me laugh and laugh. Do your homework. There's not a chance in holy hell that WM would institute a "character defamation action", or any other civil suit, for reasons (and defrauded parties) too numerous to enumerate.

"dammit"
- In the legal world, there's always the chance in holy hell. - cdb 20:21:24 07/21/09 (1)
  Even a frivolous lawsuit can't be ignored.
  
  Point being, even PSAs need to be worded carefully.
  - Good point-as you say, even a lawsuit with no chance in court - powermatic 20:37:11 07/21/09 (0)
    can have devastating financial consequences, depending on which party has the deeper pockets, and/or the greater will. Saying that, I believe we can come to an equitable resolution concerning this dispute. Court is now adjourned.
    
    "dammit"
RE: is a "thief" - J.D. 20:44:14 07/20/09 (4)
Correct you are.

Although you could even forget legalities ... announcing that "X Is A Criminal" on a public site is nearly begging for any or all of the following ...:

� extenuating circumstances arrive just on time to make you look inept, venal, weird
� other shoe drops and you look pretty awkward making a fraudulent case
� friends or relatives to step in and tell a very different story
� accused's side may have reason to make counter-accusations that you never would want aired in public
� accused goes 'cornered-rat' and posts wildly false but damning counter accusations
� something loop-hole or groundhog-day completely invalidates your claim at the root
� evidence dissappears .. can you say crashed-hard-drive ...?
� or, finally, business is business, this msg-board stuff isn't meant to be your small claims court ....

ETC, etc. There are just way too many vulnerabilities exposed by making public accusations. May feel good in vengeance terms, but comes back to haunt way too often to bet against. Ymmv.

And I think that As a matter of Asylum Policy, such accusations should be automatically deleted, since they don't fit any polite discussion amongst members of audio subject matter .

Anyone else have an opinion on such a policy .. ?

J.

//not affiliated with any party above, below or around this issue.
- Not to worry. Wally has had his money for 14 months, - Wendell Narrod 09:18:31 07/21/09 (0)
  not delivered what was purchased and not communicating with him. Those three actions will negate any charge of libel. At that to all the folks who've complained about Wally's painfully slow or non-delivery and he would come across as a clown in any legal action. Wally will crawl back into his hole and do nothing.
  
  FWIW, I'm not sure he is a thief buy, clearly, he is a horrible businessman.
  He deserves to get slammed in public forums.
  
  -Wendell
- RE: is a "thief" - fishy 20:50:26 07/20/09 (2)
  I believe that's why we have "Shady Lane" here at the asylum. Maybe the Bored will move this thread to a more appropriate section.
  
  Best,
  Dan
  - 'Shady Lane +1. - powermatic 21:26:55 07/20/09 (1)
    Agree that's what it's there for, and AFAIK there hasn't been a 'Wally Malewicz ripped me off!' thread at SL for a few ~~weeks~~ days.
    
    Hopefully mod will move thread. Though I feel for OP-sucks. Does WM still show up at hifi shows? Hard to imagine how without protection.
    - RE: 'Does WM still show up at hifi shows? Hard to imagine how without protection."... - Ivan303 21:32:14 07/20/09 (0)
      Yeah, he does!
      
      How does he get away with it?
      
      Audiophiles are SUCKERS!!!
      
      Just guessing, mind you.

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