I'm not an attorney but ASAIK a statue of limitations is just that . . .
I don't believe that general activity prior to the date will prolong the
statutory time. An exception might be an ongoing legal action such as a
lawsuit which could conceivably "stop the clock". Maybe an attorney /
hobbyist could shed better light on it.

In any event the statutes of the State of New York would be controlling and
a little research there might save you trouble and expense later . . .

Jon





From: "Lou"
Organization: NTT/Verio
Newsgroups: rec.audio.marketplace,rec.audio.tubes
Date: Tue, 25 May 2004 12:24:32 -0400
Subject: What to do about poor service

The Statue of Limitations "may" apply - but - the exception "may" be, if the
guy has responded during the course of those 7 years, then it would seem to
me, that he has aided in keeping the case - open. I hope you kept his
letters of correspondence, you may need them.

Lou

"Philip Meech" wrote in message
...
Charge him with criminal theft inside the statue of limitions and send
the Sheriff over there.

Larry Crimson wrote:

I live several states away so it's not practical to visit in person.
What really amazes me is that every few months when I ask him about
it, he promises it is coming. After 7 years I'm beginning to wonder.
What really honks me off is that this is supposed to be an enjoyable
hobby. You would like to think it could be conducted without resorting
to all the legal and coercive actions that are necessary in regular
business.

The one option I am considering is to sell the rights to the radio for
a nominal price ($10?) to someone who is local and can just go by his
house and pick it up. As ticked off as I am I wouldn't want it to be
confrontational, but I also don't like the idea of him getting the
radio.

Larry

wesley wrote in message
...

On Tue, 18 May 2004 22:41:53 -0700, Larry Crimson wrote:


More than 7 years ago I sent a Fisher 500-C to Al Pugliese of the
Fisher Radio Corp to be repaired. I have pleaded with him to send the
radio back to me repaired or not for years. I have filed several
complaints with the Better Business Bureau without any success. My
question is, when you send someone an item to be repaired and they
refuse to return it, what recourse do you have?

Thanks.

Larry Crimson

Have you driven to his home or place of business and knocked on his
door?
Asked him face-to-face where your equipment is?

At seven years plus you're past the statute of limitations in most
states.
You can try small claims court or talk to a lawyer, but jurisdiction
(as well as time) may be an issue if differing states are involved. And
then, even if you do get a judgement, can you enforce it?

Summary of my gut feeling is that you are just SOL on this issue. The
guy
is either a crook and you've been had, or he is dead and the item is
long
gone.



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