Somebody correct me if I'm wrong, but I think these kinda cases are kinda weak and useless, since the pic was made available online in the first place. And it's not like there's any defamation going on within the pic.
I've had a friend who once shopped the word Bitch onto a girl's photo, and they couldn't do anything to him (legally anyway)
On a side note.. you guys CSI skills damn power
He mentioned that it was true that Mike is the process of filing for bankruptcy, and the victim's claim will be submitted to the bankruptcy claims. Hence it is likely that all the customers' names are inside the creditor's list.
I'm not familiar with bankruptcy and creditor's list.
Does this mean we will get our money back?
Not trying to be a wet blanket but...
Chances of getting back the money is very low.
Zeta, what was the process which led to getting mike to the small claims tribunal?
And indeed it is.
I recently met Mike at the Small Claims Tribunal. I was surprised that he did turn up at the mediation session. The first thing he said to me was 'Hey, sorry for making you go through all the trouble.' All I was thinking of was 'Whatever, damage is done.'
What happened during our session with the registrar is a private thing. But all I can say is that he is unable to pay back any cash, and that he really has filed for bankruptcy. (I've seen the papers which he brought to the session.)
What we can do about the situation... Honestly, I'm pretty lost now. SCT can file an order against him. You have 6 years to enforce the order. (I'm not sure if enforcing the order would cost any money.) You can set a deadline and make him pay by the deadline. If he fails to pay up by the deadline, you can go to the Bailiffs Section, where they will seize his assets to return you the value he owes you.
BUT here's the tricky part. Mike has filed for bankruptcy. If he is declared a bankrupt by the government, all his assets will be monitored by the government. That includes his bank accounts. If he is declared a bankrupt, the court order from SCT will have no effect, due to all the red tape and legal issues. The Bailiffs will be unable to seize any of his property either. You'd then have to go to some other section to file your claim (again), and that department would weigh his assets and liability to deem if he can pay you back.
So ultimately, if we ever get our money back, it'll probably take a while. A really loooooooooong while. During our session, Mike kept saying that he's unable to pay and all. So yeah. I think that's the maximum amount of stuff I can talk about for our section, for it's a confidential meeting. Sorry about the ambiguity, but I don't want Mike to use this as some form of argument against us as well.
On a side note, I asked him directly what happened to our money, since if his 'supplier' can't get the stock the supplier would naturally refund him our deposit. He said that it's the way he runs business and the costs incurred and all. In my opinion, that's bull$hit. And also, that just means his way of doing business is real bad then.
And indeed it is.
I recently met Mike at the Small Claims Tribunal. I was surprised that he did turn up at the mediation session. The first thing he said to me was 'Hey, sorry for making you go through all the trouble.' All I was thinking of was 'Whatever, damage is done.'
What happened during our session with the registrar is a private thing. But all I can say is that he is unable to pay back any cash, and that he really has filed for bankruptcy. (I've seen the papers which he brought to the session.)
What we can do about the situation... Honestly, I'm pretty lost now. SCT can file an order against him. You have 6 years to enforce the order. (I'm not sure if enforcing the order would cost any money.) You can set a deadline and make him pay by the deadline. If he fails to pay up by the deadline, you can go to the Bailiffs Section, where they will seize his assets to return you the value he owes you.
BUT here's the tricky part. Mike has filed for bankruptcy. If he is declared a bankrupt by the government, all his assets will be monitored by the government. That includes his bank accounts. If he is declared a bankrupt, the court order from SCT will have no effect, due to all the red tape and legal issues. The Bailiffs will be unable to seize any of his property either. You'd then have to go to some other section to file your claim (again), and that department would weigh his assets and liability to deem if he can pay you back.
So ultimately, if we ever get our money back, it'll probably take a while. A really loooooooooong while. During our session, Mike kept saying that he's unable to pay and all. So yeah. I think that's the maximum amount of stuff I can talk about for our section, for it's a confidential meeting. Sorry about the ambiguity, but I don't want Mike to use this as some form of argument against us as well.
On a side note, I asked him directly what happened to our money, since if his 'supplier' can't get the stock the supplier would naturally refund him our deposit. He said that it's the way he runs business and the costs incurred and all. In my opinion, that's bull$hit. And also, that just means his way of doing business is real bad then.