DO NOT BUY anything from AV123

[Chu Gai]

Considering the people that are out considerable money like those with the RSL II and others that still have not recieved their refunds. The BBB rating useless or not it does stand for something IMO, a high rating from them is not one that is deserved. 1 unresolved complaint dropped them down a full grade. Based on the overwhelming complaints regarding delivery of product, refunds as well as the illegal activity of a for profit organization conducting charity raffles on their company forum (state of Colorado), this company should be represented with a F grade. I am sure the BBB would be interested in hearing about the raffles as well.

I agree and it would be beneficial to the population at large if more people were to avail themselves of submitting their issues. I wouldn't want them to stop there though because as Stereodude pointed out, a favorable resolution for the customer is unlikely.

 

[Chu Gai]

Well, Another Movie By OscarMayer

featuring Anita Koch who has A Secret Interview With A Very Smart Man.

 

[mhawker]

 

[Stereodude]

Now that was pretty dang funny.

 

[wshuff]

You guys are low class.

 

[chessman]

You might find the following
The thing here is folks, even if you don't collect right on the spot after you win, and win you will, your status then becomes one of a secured creditor. That means in a bankrupty proceeding, after the legal costs to do so are paid, during any liquidation you're at the front of the line for what's left.

Not exactly. A judgment liquidates the amount of one's claim, but standing alone does not establish a priority higher than what one had before the judgment, which means if you were unsecured before the judgment, you are still unsecured after the judgment IF THAT IS ALL YOU DO. Now if you avail yourself of a post-judgment remedy like garnishing a bank account, and if the bank does not set-off its own claims, and if there is not a senior secured creditor holding a perfected security interest, then you would be a secured creditor. What makes you a secured creditor is achieving a non-consensual lien by getting through all the hoops. And that still puts you behind the consensual lien holders like secured creditors who are properly perfected. Long shot? Maybe. But doing nothing leaves you only with a distribution from a bankruptcy estate - pennies on the dollar or nothing.

 

[Chu Gai]

Not exactly. A judgment liquidates the amount of one's claim, but standing alone does not establish a priority higher than what one had before the judgment, which means if you were unsecured before the judgment, you are still unsecured after the judgment IF THAT IS ALL YOU DO. Now if you avail yourself of a post-judgment remedy like garnishing a bank account, and if the bank does not set-off its own claims, and if there is not a senior secured creditor holding a perfected security interest, then you would be a secured creditor. What makes you a secured creditor is achieving a non-consensual lien by getting through all the hoops. And that still puts you behind the consensual lien holders like secured creditors who are properly perfected. Long shot? Maybe. But doing nothing leaves you only with a distribution from a bankruptcy estate - pennies on the dollar or nothing.

Mind you now, I'm not a lawyer, but ff we just look at folks filing small claims in Colorado (that's their cheapest legal route if the amounts they're owed are $7,500 and under), the way I read the law was that if you win, and whomever you sued does not pay up right there on the spot, you can compel the losing party to file paperwork listing assets and debits which will help you by knowing what you have to go after. My next post will provide more details.

 

[Chu Gai]

If You're Planning on Filing a Small Claims in Colordo

then read this: Small Claims Handbook A Guide for Non-Lawyers. It answers a lot of questions and may help you decide on an approach. If it applies to you, let's not dilly dally any longer. They've got money now. Don't wait till they don't.

 

[Chu Gai]

You guys are low class.

In the words of the late Rodney Dangerfield from Back To School, "Call me when you have no class."

 

[chessman]

Mind you now, I'm not a lawyer, but ff we just look at folks filing small claims in Colorado (that's their cheapest legal route if the amounts they're owed are $7,500 and under), the way I read the law was that if you win, and whomever you sued does not pay up right there on the spot, you can compel the losing party to file paperwork listing assets and debits which will help you by knowing what you have to go after. My next post will provide more details.

The Handbook, you and I are saying the same thing with slightly different points of emphasis. The Handbook says you are entitled to post-judgment discovery to find assets. I said if you do not levy on those assets (and find assets unencumbered by a senior lien) a pre-judgment unsecured creditor will not have a secured claim in a subsequent bankruptcy. You said acting now may yield a better result than waiting. My only reason for posting was to head off a potential misunderstanding that a judgment automatically creates a secured claim in bankruptcy - it does not.

 

[myaudiocd]

And I believe you're both also saying the same thing: you have nothing to lose.

 

[Chu Gai]

The Handbook, you and I are saying the same thing with slightly different points of emphasis. The Handbook says you are entitled to post-judgment discovery to find assets. I said if you do not levy on those assets (and find assets unencumbered by a senior lien) a pre-judgment unsecured creditor will not have a secured claim in a subsequent bankruptcy. You said acting now may yield a better result than waiting. My only reason for posting was to head off a potential misunderstanding that a judgment automatically creates a secured claim in bankruptcy - it does not.

Gotcha. Notihing ventured, nothing gained and there's been far too much of nothing ventured going on for the past couple of years.

 

[Audioholics]

featuring Anita Koch who has A Secret Interview With A Very Smart Man.

OK that was the funniest thing I've seen in a long time.

"I have to go to a meeting with another very smart man... Jason Serinus... He's psychic, you know."

 

[wshuff]

I wonder why Serinus didn't warn MLS that the stress was going to make him break the law? Seems like he would have known, being a psychic and all. Guess he was too busy freezing his CDs and painting them green.

 

[Chu Gai]

Serinus would make for a good movie (or ten). Maybe a mini series. He's just so intuitive.

 

[Chu Gai]

Mark Schifter Mugshot

brought to you courtesy of the Boulder County Jail.

 

[MinusTheBear]

That could make a classic audio forum avatar! Is is just me but I can only see the frame of the glasses with no lens.

 

[Chu Gai]

That could make a classic audio forum avatar! Is is just me but I can only see the frame of the glasses with no lens.

Must be your monitor. I was thinking more along the lines that it would make for a great line of t-shirts that said, Free Shifty Now. Maybe Bobby Dylan will make a song about him along the lines of Hurricane but who would play him in a movie? However, if you could scale it down enough, wouldn't that make for some avatar for the AV451 forums?

 

[T2T]

Maybe Bobby Dylan will make a song about him along the lines of Hurricane but who would play him in a movie?

Billy Bob Thornton, of course!

 

[MinusTheBear]

Must be your monitor. I was thinking more along the lines that it would make for a great line of t-shirts that said, Free Shifty Now. Maybe Bobby Dylan will make a song about him along the lines of Hurricane but who would play him in a movie? However, if you could scale it down enough, wouldn't that make for some avatar for the AV451 forums?

That would be a brilliant way to raise funds and have the proceeds go to charities.