Approximate Timeline

·        11/5/08 – Buyer contacted me about purchasing a Robert Fitzsimmons signed cabinet card from my web site. Buyer asked if I accept the opinion from third party authenticators and I told him no with an explanation why through personal experience with them. Particularly a company called PSA/DNA. Buyer agreed this company had a bad reputation and wanted to know that if I don’t accept third party opinions, would I at least send the item for him to examine to render his own opinion. I agreed telling him I had a 14 day no-questions-asked return policy and he could have it authenticated or return it for any other reason within that time frame. I then sent the item to him through mail.

·        11/10/08 – Buyer contacted me and said he liked the item and believed it to be authentic through exemplars he has obtained and opinions of other collectors. The agreed purchase price was $4,500 and he told me he would start making payments in installments.

·        11/14/08 – First payment of $2,000 received and deposited.

·        11/26/08 – Second payment of $1,500 received and deposited.

·        Somewhere between these dates buyer contacted me, told me he loved the item  he purchased and that he had it professionally framed and matted.

·        12/15/08 – Third and final payment of $1,000 received and deposited. Around this time I asked buyer if everything was OK explaining I reinvest my money into the hobby and want to be free and clear before moving on. I got the OK.

·        1/22/09 – I was contacted by buyer who informed me the item was sent to a third party authenticator JSA. The buyer told me the authenticator told him it was a rare autograph and only about 15 existed. He also stated the authenticator told him he thought he had seen it somewhere before. The buyer had a negative demeanor acting as though it was going to come back with a negative opinion. I was upset the original terms were breached.

·        1/22/09 – I sent an email stating if the item is rejected I want a copy of the rejection letter, the references they referred to and a specific explanation of why the item is being rejected. Buyer replied with his own email click here stating he was 100% sure it is authentic.

·        2/5/09 – Buyer contacted me by phone stating he still hadn’t gotten the item back from JSA but from the other examples he’s seen he knows it’s real and is keeping it regardless.

·        2/10/09 – Buyer calls and asks for his money back because the authenticator would not give him a LOA. I asked for a letter of rejection, with an explanation of how and why along with the examples they referred to. He said he didn’t have one. He told me he called the owner of JSA, asked what was taking so long and told him to just pass it and stop being a baby about it. He told me that’s when the item was sent back to him with his payment with no opinion rendered. At this time I told him it’s not fair for him to ask for his money back without the item being rejected, with no evidence to support such and with the time period that had elapsed.

·        4/4/09 – I received a call from the buyer telling me the item was sent to another authenticating company PSA/DNA. He claimed the item had been rejected and that they sent a letter stating the letter formations, slants, spacing and ink are all inconsistent with the signature of Robert Fitzsimmons. I told the buyer that the letter is vague and unsubstantiated and told him to send me a letter of rejection with the examples they referred to with specific reasons why it was being rejected. Again I never received.

• 4/4/09- A second phone call received from buyer telling me that I should refund their money or everyone is going to be told I'm a thief and that I sell forgeries. I told the buyer that's an inaccurate statement and challenged them to prove that in a civil court with their authenticator present or with any evidence, from their authenticator or otherwise, they could provide to the contrary.

·        4/30/09 – I’m served with court papers.