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  • Harassment by James Sperman

    I hate to bring this subject up but it needs to be done. James is now threatening me to take me to court claiming slander and being on the list as scammers. Is he harassing anyone else or does he owe you your refund? I’m going to reach out to the DA that prosecuted him on Monday. You can PM me if needed.

  • #2
    I hate to bring this subject up but it needs to be done. James is now threatening me to take me to court claiming slander and being on the list as scammers. Is he harassing anyone else or does he owe you your refund? I’m going to reach out to the DA that prosecuted him on Monday. You can PM me if needed.

    Comment


    • ofon
      ofon commented
      Editing a comment
      He hasn't harrassed me...I was a newbie when he sent me cuttings and I ruined every single one of the 20 or so that I got so I wasn't able to verify if they were true to type as they were sold.

      I wish you luck though Brian M. Hopefully someone else would be of more help to you here!

  • #3
    He also has threatened in his emails to sue myself, Wills, and others.

    FYI, I'm moving this to the regular forum out of trading.

    On his forum, I think in paragraph 10, he mentions potentially suing us. https://www.figforums.com/forum/main...alse-narrative

    From an email from James to me after I requested to be not be mentioned on his website and he attempted to extort me: "If you instead choose to prove that you are of Wills' ilk by continuing to support and echo Wills' illegal behavior, then I will treat you as such and will seek damages from you as well."

    He's not worth the oxygen he uses.
    Last edited by Kelby; 11-10-2018, 06:32 PM.
    https://www.figbid.com/Listing/Browse?Seller=Kelby
    SE PA
    Zone 6

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    • #4
      jeepers, guys.
      how can we help?
      susie,
      burner of trees
      high plains, maybe zone 7.

      Comment


      • Kelby
        Kelby commented
        Editing a comment
        I believe he is just trying to scare people into deleting negative comments about his operation by threatening legal action. He can't afford to refund orders from 3 years ago, I doubt he can afford lawyers.

    • #5
      I'm glad I saw this thread. I also looked up other posts about this guy. I ordered twice from him in 2016 and have never received my orders or a refund and he never responds to emails. Now I know to chalk this one up to a big lesson learned.
      Edward - Edgewater, Florida (Zone 9b)
      Wish List: Holy Smokes, U. Prosciutto, Ham Rham, Labritja

      Comment


      • Kelby
        Kelby commented
        Editing a comment
        You can find directions on this forum to file with the Kansas AG to get a refund. You'll need some documentation, but it should be pretty easy.

    • #6
      He can threaten all he likes. There is a whole lot of doing between empty talk and the processing of a legal case and he surely hasn't demonstrated much ability for follow through. If you can't even afford to or be bothered to put some sticks in the mail how can you pay for or do everything required for a successful lawsuit? Unless it's on legal letterhead, he hasn't even retained a lawyer.

      Comment


      • #7
        He still considers himself in the right. At what point do you determine you've been scammed? 6 months? A year? 2 years? It took 2 years to get what I paid for. After the first few months the rest of that 2 years I considered I had been scammed and had he not come through with my trees at that time any court would have agreed with me.

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        • #8
          He has no case. He would have to retain an attorney for at least 1000$ for the attorney even send a letter. Then the attorney would tell him it’s a long shot and you have no case.
          Hydroponics, fruit trees, experimental gardening, figs, peaches in East Texas zone 8

          Comment


          • #9
            If you need president to validate anything said/posted/implied on this subject, I was reimbursed well over $500 and would willingly attest to the validity of his scam.

            Looks like he must have found a dirt bag lawyer to promise him a way out of his demise.

            Sad.

            Comment


            • #10
              He has no money to pay an attorney to process even one lawsuit. No lawyer would take this on a contingency basis as there would be very little gain in any suit like this if he did have a case. Any lawyer that would take this case will be one that has low ethics as he should refuse. He won't so he will pay up front money and the lawyer will run up the hours with all the letters and responses to letters. Dufus will have a $3000 a month drain he can not pay. Any reputable lawyer will run a check on him and see he has zero finances and legal issues. He has to PROVE damages. Leaving a bad review is free speech as long as it is true. He has nothing on anyone......I know it is true. But I had reservations and did not bite. I'll give a free opinion to him, I retired as a Captain from the prison system. He has an inmate mentality, he does no wrong, he has a problem with truth, anything he has done wrong was someone else's fault and he always seeks revenge on those that caught him because they were wrong! My last prison had 3000 LA gangbangers, his attitude would fit in well.

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              • #11
                Someone tried to do something similar to my neighbor. They threaten to sue because of slander (and in this case did she to get you to keep your mouth shut. My neighbor filed something called a slapp or anti-slapp lawsuit and eventually won but it was 6 months of hand wringing and expensive lawyering. The anti-slapp motion is basically there to prevent someone from restricting your free speech by claiming it is slander and intimidating you into silence. He eventually won the case and also was allowed to file for the other guy to pay his lawyers fees but it was quite a stressful ordeal.

                Comment


                • #12
                  So long as you state facts as facts and make it clear your opinions are opinions you should be ok.

                  example:

                  i ordered cuttings and never received them. I reached out by email 3 times and never heard back. I requested a refund and was denied.
                  those are facts (assuming they are true)

                  so and so is a cheat - that could be slander

                  i think/ in my opinion so and so runs a scam based off of the above facts - that is clearly stated to be an opinion and not a statement of fact, so that is an example of protected free speech and not slander (which as I understand it is opinion that is stated as a fact).

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                  • #13
                    Yes, however the underlying facts in an opinion need to be true otherwise it negates protection as an opinion.
                    Johnson1
                    Zone 9b
                    S of Tampa Bay, FL

                    Comment


                    • #14
                      Originally posted by efletche View Post
                      I'm glad I saw this thread. I also looked up other posts about this guy. I ordered twice from him in 2016 and have never received my orders or a refund and he never responds to emails. Now I know to chalk this one up to a big lesson learned.
                      Thanks. I have printouts from my PayPal account so that should cover that.
                      Edward - Edgewater, Florida (Zone 9b)
                      Wish List: Holy Smokes, U. Prosciutto, Ham Rham, Labritja

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