I need advice on what to do...Please help

About a year ago I contacted Billy Simmons, the owner of Brute Force Fabrication, on making me a custom front and rear bumper. In march I sent him half of the money by paypal. I didn't think that was a big deal at the time because he is a very reputable member of the TW community and has put his mark on a lot of different members bumpers. I knew it was going to be a slow process. No big deal. We kept in touch once a month up until August.

In August he called me and we chatted and he sent me pics of my rear bumper. He also informed me that his Dad was battling stage four cancer. We left the phone call as that he would call me in late september to let me know when I could expect my front bumper. It is now november 4th and I have had no communication with him at all. Posts on his facebook page reveal that I am not the only person who is in limbo with Billy. No communication whatsoever with myself or anyone else that he has an outstanding order with.

So....What do I do? I feel bad that his Dad is dealing with such a hardcore disease,but, business is business and he has a responsibility to everyone that he has taken money from. Before I go and post a warning over on TW can you guys help me out with any recourse I might have.

 

Chris,
I will start off by saying you wouldn't be the first to start something over on TW about this same issue as I know this has been going on for a while with Billy, I was over on TW and have dealt with this same thing.
A bunch of us up here in Ak ordered a bunch of stuff through him and the exact same thing happened from what you're describing, no contact for a long time and most everyone just got to the point that they wanted their money back.
It took about 3 months after promised date to actually get the products up here and that was after A LOT of phones calls and messages left with him.
The guy builds a great product don't get me wrong but it seems as the personal life is taking over the business as sad as that is. Not sure what to say man but just keep trying to reach out to him I guess.

 

Mac-ak, I know about you guys and your plight. I followed along with all of the posts, and it bummed me out what he did. I just don't know what to do. His cell phone is not taking calls. He doesn't return any messages left at his shop. He also hasn't returned any emails either. Like I wrote on his facebook page. none of this would bother me at all if he just retuned one email or phone call

 

When a guy takes your money, doesn't deliver and doesn't communicate it means he already spent the money and doesn't have the material to do the job. Small claims court is your only recourse.

 

I am not sure how much $$$ you are talking about. Here is a federal statute, and wire fraud is no joke. I would have my attorney send him a certified letter telling or better yet have the papers served on him by the local sheriff advising him to refund every dime or you will pursue the issue further. Business is business. FWIW

18 U.S.C. § 1343 provides:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.[2]

 

I really appreciate the feedback I have gotten from you guys. I am going to call the District Attorney in Fresno County on Monday and see what they advise to do. I have been told by another member that taking money via the internet falls under the FBI's jurisdiction and they don't look to kindly on this sort of stuff. I was really hoping to get some bad ass bumpers out of this. Maybe when I recoup some of my money, I will contact Relentless and see if they can build me something similar

 

any updates?

 

About seven different members from TW pm'd me with information regarding their orders. A letter has been sent to Billy, informing him that he has until December the 1st to make some sort of contact to any of us. If at that time, he has taken no action, I am personally going to go to the DA in Fresno to file. I will be bummed if i have to do this because I really wanted some of his bumpers, but action has to be taken. A lot of people are going to lose a lot of money if nothing is done.

 

The DA will likely not be interested in this. One, the DA does not take initial crime reports. There would have to be a crime report first and the reporting agency would file the case with ge DA. The second reason the DA wouldn't be interested, is that this is a civil matter. The. DA files criminal cases, not civil cases. You will have to file the case yourself via small claims or find an attorney to take on the civil issue.

The main issue with any criminal case here, is intent. If he took your money knowing he was never going to provide a product and just wanted to separate you from your cash, then it would likely be a criminal matter. A criminal case would be bolstered if he had never made a product or never delivered one to any customer, but has taken money. On the other hand if he fully intended to provide a product and took *some money up front, but life and circumstances got in the way and he was unable to bring the end product to fruition, it's civil.

 

The official Brute Force Fab "My money was taken" thread
^From Tacomaworld

I'd join that if you already havent. Doubt it will help any, but might put that much more pressure on the issue.

 

Apparently he has started making stuff as of end of November. People are starting to receive stuff now. You ever get yours?