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Durable 1: Point Counterpoint

Discussion in 'Other Off Topic Forum' started by Sloan83qv, Jan 4, 2006.

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  1. Sloan83qv

    Sloan83qv F1 Rookie
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    #1 Sloan83qv, Jan 4, 2006
    Last edited by a moderator: Sep 7, 2017
    The following is a Public Service Message and is Supported by Filed Court Documents that are attached.

    For years I have warned Ferrari Owners of doing business with Durable 1 / Matt Morgan (aka: Kermit), those warning were based on work that he did for me and was paid in full for. But that is not what this post is about so the moderators can relax.

    Last week I made the following post in the "group buy Throttle Body thread ( it was followed up with another post that stated that I would post court docs to support the statements made).

    Those documents are attached as promised and there is more supporting info coming.

    Before those few who always defend Kermit or maybe just attack me do their thing I would recommend you read the info attached.

    One of my favorite docs attached is where when Kermit transfers the title to his name he swears under penalty of law that the cars value is only $5000.....a 1985 Ferrari 308 QV!

    For the moderator who warned me about libel I post the following and state that all I have posted is the truth which is supported by court records.

    "Can I sue someone who says or writes something defamatory about me?
    In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case."


    "In many, though not all, legal systems, statements presented as fact must be false to be defamatory. Proving to be true is often the best defense against a prosecution for libel. Statements of opinion which cannot be proven true or false will likely need to apply some other kind of defense."
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  3. mike

    mike Formula Junior

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    WOW...also court records are public information.
     
  4. Sloan83qv

    Sloan83qv F1 Rookie
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    How about the part where the Mr. Morgan displayed a firearm when asked for the car back prior to the court order being issued.........
     
  5. Rival

    Rival Formula Junior

    May 12, 2005
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    What was the reasoning under which he believed he could/should transfer title to your car to him/Durable 1? I'm not taking either side of this issue (although it clearly appears the court took your side on it), but I'm just wondering what's "the rest of the story......."
     
  6. Artvonne

    Artvonne F1 Veteran

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    Paul~

    If you can come up with more evidence, I will read it, but I will say right now, don't BS us. I may not be an attorney, but I have had my days in court, on both sides, and I know a little bit, maybe just enough to be dangerous.

    First up, is a motion. All that is is a claim presented to the court, with all of your allegations. You can make all kinds of claims in a motion, but they, by themselves are meaningless. You "claim he presented a gun. You "claim" he was not incorporated, etc....

    The next document, looks to be page three of a court order to return the car. The court order you show, has no findings of fact to any of your "claims". I would like to see the courts response to all of these claims.

    While this is somewhat interesting, outside of YOUR claims, it tells us almost nothing. I did find it interesting that the court ordered Matt to return the car, but didnt give the Sheriff authority to do so. I am aware of a Replevin involving a cat, and the deputy was given authority to enter the home and remove the cat, with or without the owner present. Perhaps Wash. law is different.

    I would like to see pages 1 and 2 of the court order, or an explanation of what the number "3" concerns on that document. I am of the belief there would be a findings of fact, and if so, this looks rather like cherry picking. If your case is truely legitimate, Paul, you have no reason to hold anything back. Let the chips fall where they will.

    One last question, though. All along you have claimed its your car, yet all this court papers concern an individual named abdul or whatever. Are you that person? If not, what is your interest in perpetrating this as a car that you owned?

    carry on....
     
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  8. hanknum

    hanknum Formula 3

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    Does anyone really care anymore?

    Did anyone care from the start?
     
  9. indaville

    indaville Formula 3

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    In most states you also have to prove damages (money you lost b/c of the statements). Can someone give us the Cliff Notes???
     
  10. FasterIsBetter

    FasterIsBetter F1 Veteran

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    In most states, it is true that when talking about personal reputation, actual damages need to be shown in order to recover punitive damages (which is where the big money is). So even if the statements were false AND malicious (the two elements needed to prove defamation), with no damages there is no recovery and no punitive damages.

    However, in the case of business reputation, actual damages are not necessary in many states (differs from state to state). It is sufficient to show that the false and malicious statements have a likelihood of causing damage to the business reputation. Then a jury can award punitive damages to deter the conduct.

    Hope that helps.

    Steve
     
  11. Sloan83qv

    Sloan83qv F1 Rookie
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    Isn't it funny that Krowbar thinks it is my car....it shows how well he can read and comprehend .....NOT. Please Krowbar read the thread completely and save yourself the embarassment of making silly statements.

    This is not my case or my car.

    This is someone who gave his Ferrari to Durable 1 to increase performance. As I come across more docs and info I will post.

    To the best of my knowledge the customer has not yet filed an action for damages but his insurance company has totaled the car.....a complete loss.

    Durable 1 had every chance to defend against the allegations in a court of law.

    This info was not posted for Krowbars sake and I could care less about his comments or opinions...... as they were expected.
     
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  13. GrigioGuy

    GrigioGuy Splenda Daddy
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    Did the person who's case and car it is give you permission to use it in this manner?

    It's interesting, but as pointed out above the paperwork seems incomplete. Can you post the remainder?

    Thanks
    t
     
  14. Sloan83qv

    Sloan83qv F1 Rookie
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    The person that owns the car does not know I even posted this stuff nor did it come from him (it came from the Courts Clerks office). I am sure he will soon find out. The material is public record and I am still receiving docs. I am trying to get photo's of the damage.
    I don't think there is a whole lot more.
     
  15. BigTex

    BigTex Seven Time F1 World Champ
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    Cliff notes:

    Paul's heads get ruined..he's mad.

    Kermit has personal/legal issues....he's sad.

    Someone's cat got saved by the Sheriff...unrelated to Ferraris, does not matter...

    Crank vents probably do not work, or Enzo would have used them! *

    *REALLY esoteric reference to other D1 products.........use 'search"

    Seems like some selective 'grouching' going on here, to me........I've had parts lost before that cost me money, and I've had to make good on well intentioned efforts of my employees that didn't go well and cost me BIG BUCKS.....

    Only the folks that sit around and do nothing, do nothing wrong....
     
  16. BigTex

    BigTex Seven Time F1 World Champ
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    Well, you've thrown his name out on the Internet as well as documented the damages to his car, possibly affecting his resale value!

    Egads! Damages!

    Does he know where you live?

    Florida, IIRC.
     
  17. BigTex

    BigTex Seven Time F1 World Champ
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    Where's 4i2Fly!??

    He had some issues to discuss, legal proceedings as well, IIRC.
     
  18. Sloan83qv

    Sloan83qv F1 Rookie
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    What resale value?????

    Please READ the thread:

    The car was totaled by the Insurance company.
     
  19. BigTex

    BigTex Seven Time F1 World Champ
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    Ferraris never die......they run around on Salvage Titles! ;)
     
  20. tbakowsky

    tbakowsky F1 World Champ
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    How did Matt end up with the ownership to the car? Was money owed to Matt and a lean placed on the car until the money was paid? Is the 5k money that is owed to Matt and not a market value of the car..only the market value of the services and parts which were installed on the car?

    Why was the Sheiff not instructed to step in if Matt refused to give the car back to the owner? Why wasn't a court ordered bailiff instructed to go to the home and remove the car if the car was illeagaly posessed? Why are there no criminal charges against Matt for theft and possesion of stolen property?

    Something is way one sided here. Paul..everybody on this site know you have a hard-on for Matt..but lets post EVERYTHING which lead up to this issue. Not just one sided court doc's that seem to be only record of the plainitff's case. Where is Matts side of things?
     
  21. mike

    mike Formula Junior

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    It reads like there was a "conversion" of ownership when the car was transported to the shop. A conversion may be civil & not necessarily criminal in nature; hence no criminal charges.
    Additionally unless a writ of assistance is applied for, and ordered by the court, the sheriff may only keep the peace & not interevene in the recovery or that deputy may face civil action
     
  22. Sloan83qv

    Sloan83qv F1 Rookie
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    Again to the best of my knowledge:

    Kermit coverted the title in to his name without the owners knowledge.

    Kermit was paid a large sum of money by the customer for the work and also was supplied with all the parts (new pistons, lightweight clutch....the list is quite long) $1,000 of dollars in performance parts all of which were installed by Kermit and destroyed while the car was in his posession.

    The court docs are plaintiffs docs because (again to the best of my knowledge and the court file) Kermit chose not to respond to his proper legal service.

    Kermit has a right to respond (as we all do) but it seems he chose not to.

    I have no interest in posting only one side but there is no other side.....his choice.
     
  23. Sloan83qv

    Sloan83qv F1 Rookie
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    Krowbar,

    The court order was 3 pages and I posted pages 1 and 2, I did not post 3 because it was just the list of items (parts) to be returned which included the car.

    The documents are complete

    The courts award was complete and in the plaintiffs favor...the car and all items were returned. You are trying very hard to divert attention from the act.
     
  24. mike

    mike Formula Junior

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    Ya know sometimes you just need to tell people your experiences, or present them with facts, and maybe just let them find out for themselves. Remember YOU can't save them from THEMSELVES. You posted the information, if something happens to others along the way, don't be smug & say I told you so. Just let feel comfortable knowing you tried.
     
  25. Dr Tommy Cosgrove

    Dr Tommy Cosgrove Three Time F1 World Champ
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    SOMETHING is going on here. I would be really interested in hearing Kermit's side of the story on the title transfer thing.

    Why in the world would he do that?
     
  26. Rival

    Rival Formula Junior

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    I just started reading all of this for the first time today, and I thought all along that the documents posted by Sloan83qv pertained to his car...come to find out the "legal documents" pertain to someone's car he doesn't know......

    Seems to me it'd be a more compelling story if the documents were offered as first-hand evidence (by Sloan83qv)....I'm not saying the repair shop was justified in doing what they did; however, by not knowing the rest of the story, I can't say they were NOT justified.......REMEMBER: {The law} and {what is right/fair} are sometimes not the same thing!
     
  27. Sloan83qv

    Sloan83qv F1 Rookie
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    Kermit had his chance in the courtroom and didn't take it....what he would say now would be just a story.

    You can't just convert a title without going through a legal process.....it was never done.

    Who in their right mind gets sued and doesn't defend themselves???? I can somewhat understand if you are guilty but if you are innocent????

    The court records are for real.

    For those few who can't believe it or refuse to believe it.....
    IT IS REAL.
     
  28. Dr Tommy Cosgrove

    Dr Tommy Cosgrove Three Time F1 World Champ
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    I believe you. I am just scratching my head trying to understand why someone would do that AND how they would think they could get away with it.

    blows my mind
     

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