Bad Nocturnal Knives Order

Thomas Linton said:
I don't know how it works in Germany, but in most states of the U.S. Small Claims Court cannot issue process for compelling payment of judgments. The case has to be transferred to a court of higher jurisdiction for issuance of, for example, the attachment of a bank account. You know how to do this?

Small claims court cannot take a case without personal jurisdiction over the defendant.

And, of course, a civil judgement is no better than the ability of the judgment debtor to pay. Lots of judgments against Enron are outstanding.
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I'm not German, I just live here. I've had the unfortunate experience of dealing with small claims in the U.S. before though.

Small claims would have to be filed in whatever state "Gene's" business belongs to. I was skeptical of the claims that Gene isn't who he says he is at first, but I'm starting to become convinced because of what's going on and his lack of communication. So, assuming somebody wanted to sue him in small claims and was able to get the right information, there are ways to collect. Bank levies, wage garnishments, and real estate liens would be the most common. These would be accomplished accordingly by getting a writ of execution, writ of garnishment, or writ of attachment from the court where one's case was originally heard. Then one would have the distinct pleasure of trying to serve the defendant with said papers, hopefully the local Sheriff would be able and willing to help out in that regard. But at the end of the day, you are correct; Can't get blood from a stone. I'm just saying that there are options here, how successful they would be remains to be seen (I hope).
 
Blade HQ likely has the banking information for where it sends payment for the Nocturnal Knives models that it stocks.

Monkey Edge ditto.

Maybe Robert Carter knows something.
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GPKnives is proud to announce we are now an Authorized Nocturnal Knives Dealer!
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Nocturnal Knives, Hilliard, Ohio.
 
9Nine said:
Then one would have the distinct pleasure of trying to serve the defendant with said papers, hopefully the local Sheriff would be able and willing to help out in that regard.
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If only I still had my process server license lol
 
9Nine said:
I'm not German, I just live here. I've had the unfortunate experience of dealing with small claims in the U.S. before though.

Small claims would have to be filed in whatever state "Gene's" business belongs to. I was skeptical of the claims that Gene isn't who he says he is at first, but I'm starting to become convinced because of what's going on and his lack of communication. So, assuming somebody wanted to sue him in small claims and was able to get the right information, there are ways to collect. Bank levies, wage garnishments, and real estate liens would be the most common. These would be accomplished accordingly by getting a writ of execution, writ of garnishment, or writ of attachment from the court where one's case was originally heard. ... .
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Again, in most states Small Claims Court cannot issue process for collection.
 
So, when was the last time anyone heard from Gene? It looks like it has been over a week since he has posted anything here or anywhere else. If I am wrong, please feel free to correct me as my internet stalking skills are pretty lame.

While I am not trying to add credibility to Pittkinife's supposition that Nocturnal = Karg Knife, I do find it very interesting that Gene went completely silent around the same time that Pittkinife made that post and others started trying to find out Gene's identity...
 
ncrockclimb said:
So, when was the last time anyone heard from Gene? It looks like it has been over a week since he has posted anything here or anywhere else. If I am wrong, please feel free to correct me as my internet stalking skills are pretty lame.

While I am not trying to add credibility to Pittkinife's supposition that Nocturnal = Karg Knife, I do find it very interesting that Gene went completely silent around the same time that Pittkinife made that post and others started trying to find out Gene's identity...
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This would be very easy for "Gene" to resolve, any respectable legitimate business person would have no problem showing his business license and full name. This would pretty much invalidate anything I say, just post your driver's license and not some lame photoshop. I find it curious that all the knifemakers I know have their full name in public except "Gene". No records of ownership or anything else, it's also very curious that he has lost a lot of partners and suppliers to his business. If that is not indicative of something wrong I don't know what is.

Guys like "Gene" know that people even after being scammed are not going to waste a ton of time and money to go after them, especially if they can't find the person scamming them. You are right ncrokclimb, he went dead silent after my accusations. The more he talks and post the more his lies get exposed.

I also know he isn't getting orders and has no money so I figure he will soon fold up Nocturnal knives and start some other shill company under another name.

While we are at it, post those adoption papers that you spent 24/day 7 days a week for months filling out. Isn't this why the knives aren't done, or was it as you posted a vendor screwed you over for 2 years on parts.... 2 years of not getting parts whatever. Maybe pay your bills bro.

And return the damn money to the 2 more people that posted this week.
 
I agree, Mike. This is really a curious situation.

I will preface my next statement by saying that I am in no way defending "Gene." IMHO he is a total POS that is committing what looks like fraud. That being said, I don't think "Gene" started this business as a scam. I do think he is probably a terrible businessman, a terrible customer service provider and that he has very low ethical standards. I am guessing that he is just ignorant (maybe not too smart) and unethical, and got in over his head. The way he has tried to hide his identity is another odd wrinkle.

I am sure that time (and some super sleuthing) will reveal more info about Gene and his business.
 
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Whatever it is it's still a case of never trust anyone with your money. Good people can do bad things to put food on the table.
 
9Nine said:
Correct, but a process server/Sheriff can.

*Usually. State dependent, like most things.
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No. Absolutely wrong. Neither a sheriff nor a "process server" can issue a writ or court order. Only a court of competent jurisdiction can do so. For example in Ohio the Small Claims judgment has to be transferred to the Municipal Court of Court of Common Please, depending on the dollar amount, and those courts can issue process for collection.
 
Thomas Linton said:
No. Absolutely wrong. Neither a sheriff nor a "process server" can issue a writ or court order. Only a court of competent jurisdiction can do so. For example in Ohio the Small Claims judgment has to be transferred to the Municipal Court of Court of Common Please, depending on the dollar amount, and those courts can issue process for collection.
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You are incorrect. I won't continue to argue this with you, I stated what happens in my last two posts and you are being purposefully obtuse. Adding you to the ignore list.
 
Another problem is you need the persons address to serve the papers. Scumbags tend to move so you can request the information from the postmaster. I was met with hostility from the post office they claimed only lawyers can request the info. You gotta pump more money in after you win a small claim. Maybe a records search would turn up stuff but you may never see a cent. total PITA.
 
How about tracking down Drew, There was a uTube clip of him chatting to the guy from Monkey's Edge at one of the Blade shows but I can not seem to find the link.. Or perhaps Marie is still on the scene. I must say that she must have known what was going on.... makes her and accessory in my books eh?
Nocturnal at Blade 2013



FYI, I sent the incorrect O.R.B back to the following address:

"Lawrie,

You can ship it back to:

Nocturnal
PO Box 564
Canal Winchester, OH 43110

Thank you again,

Gene"

I sent tracking information and know the package arrived but have not had a response from Gene. So now I'm left hanging and down $660us which is $860Aus and really a lot more than I can afford to lose just now with three new mouths to feed.

Lawrie
 
Thomas Linton said:
Really? You don't know?

Lawyers will not take small contract or property cases on any basis other than an hourly fee. Think $1,000's.
The trial court has to have personal jurisdiction over the defendant.

If there is a pattern of taking money and not producing the goods or service purchased (:rolleyes:), it looks like criminal fraud or larceny by trick/deception (or other words to that effect). The state pays for the prosecution; the courts like to force restitution as a condition of not "throwing the book" at the defendant; and all the complaining parties have to do is show up testify if the defendant is foolish enough to go to trial. The state is less likely to go after a couple of instances than a lot, and more likely to see a given number of instances as worth the trouble the further away from big cities that you get. Or if your uncle is the sheriff . . . .
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No....Rhetorical questions are just one of my favorite past times.


Seriously, Yeah... I really didn't know
 
There are a number of Nocturnal Knives videos on Youtube. What I found interesting was that "Gene" was not in any of the videos. The guy that is in the videos mentions a partner, but never gives the partner's name.
 
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