Scuba shop closed before I finished my training! Now what?

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This looks like a case for Small Claims Court. No lawyers are required and none are allowed. Just file the case with the court and you can get a judgment. That will at least put you on a list of creditors that she has to pay. Maybe you can get a lien on her property and force foreclosure.

Check around your area for the Small Claims Court and get the case filed.

Richard
 
This looks like a case for Small Claims Court. No lawyers are required and none are allowed. Just file the case with the court and you can get a judgment. That will at least put you on a list of creditors that she has to pay. Maybe you can get a lien on her property and force foreclosure.

Check around your area for the Small Claims Court and get the case filed.

Richard

I don't think there would be any "creditors". I'm not a lawyer, so someone please correct me if I'm wrong, but if I remember my business courses correctly, a sole proprietorship (which I assume a small dive shop is: most wouldn't bother incorporating) can't file for bankruptcy on its own. The business is an extension of the owner so the owner would need to file for personal bankruptcy, which I'm guessing didn't happen here (that's a really bad thing to have happen). The good thing for the people in this thread is as long as it was a sole proprietorship, no matter how much money the business lost, they can still go after the owner. If she incorporated and the business declared bankruptcy, they're screwed.

Am I wrong here?
 
It could be as you suggest but I would be willing to bet that the owner did incorporate the business to limit liability (to the extent that a corporation can limit individual exposure).

It won't hurt to file the case. If nothing else, it might wake up the owner. Since it doesn't cost anything to file (I believe), file against the owner as an individual if possible. It may turn out that the case needs to be refiled against a corporation but wait until a judge says so.

This small claims thing is supposed to be simple for the plaintiffs.

Richard
 
I may think it would be a class action suit.

You kidding right? I suspect that you "may just" need more than one other dissatisfied diver to form a class.
 
It could be as you suggest but I would be willing to bet that the owner did incorporate the business to limit liability (to the extent that a corporation can limit individual exposure).
While small businesses can incorporate, I believe most don't. There is one major disadvantage, if you lose money with a sole proprietorship, you can claim that loss on your personal income tax so it can actually do you some good (of course it would have been better had you not lost money, but at least you get something out of it).

While there is some advantage to limitting liability, in reality in most situations either way (I've heard banks often make these small "corporations" put up the owners house or something as collateral to get loans, so it's not so "limited" anymore)

*note: I am NOT an expert on this stuff, I have a few University level business classes but my major is in engineering, not business and it's been a few years since I've learned about this. So don't take my word for it*

It won't hurt to file the case. If nothing else, it might wake up the owner. Since it doesn't cost anything to file (I believe), file against the owner as an individual if possible. It may turn out that the case needs to be refiled against a corporation but wait until a judge says so.

This small claims thing is supposed to be simple for the plaintiffs.

Richard
I agree, although there are some pains. I was looking into small claims court once before (didn't need to because the business who was ripping me off changed their "policy"). Granted this was Canada, but our systems are pretty similar, and there were some things that could be annoying such as having to serve the papers. But it's probably their best bet, and I'd be pretty confident a small dive shop is not incorporated, so filing against the owner would most likely be successful (at least for the stolen tanks, the courses are a bit more of a grey area).
 
As a business owner, you personal assets are protected if you are incorporated. Just be sure to have more than one owner and all owners are empoyees of the corporation. That said, ROFL ..... LOL and more LOL.... class action, this a a freaking dive shop. She maybe cleared 10K per year after all was said and done. Class action would never apply in this situation; what would you get out of it after the lawyers are finished? Maybe a dollar each. Small claims would be your best legal bet. Good luck with it though. Have you guys tried sending certified letters requesting your stuff and or training?

Send her a certified letter letting letting her know that you guys would like to finish your training and see what happens.
 
Its not just myself and him that have been screwed over, there are in my estimate probably close to 40 people or so as she also had deals with a local school for certifying the students. Thats the only reason I was thinking that. And that is only going off people who did not get certifications, not including people who are owed gear from her.
 
Its not just myself and him that have been screwed over, there are in my estimate probably close to 40 people or so as she also had deals with a local school for certifying the students. Thats the only reason I was thinking that. And that is only going off people who did not get certifications, not including people who are owed gear from her.

And you care about these other people, why?

If you get to court first, you are more likely to be at the head of the list of people that won't get anything anyway. But at least you have a judgment. Someday, it will be settled.

There isn't likely to be anything for anybody to get but trying to get the others to carry you isn't going to work. Remember, at the end of the day, you are all in this separately.

Richard
 
And you care about these other people, why?

If you get to court first, you are more likely to be at the head of the list of people that won't get anything anyway. But at least you have a judgment. Someday, it will be settled.

There isn't likely to be anything for anybody to get but trying to get the others to carry you isn't going to work. Remember, at the end of the day, you are all in this separately.

Richard

Again, I don't think this is a fair assumption to make that "there isn't likely to be anything for anybody to get". Unless I'm missing something, I've seen no indication that the owner filed for bankruptcy or the shop was incorporated (either one would be sufficient for me to agree with you).

If one of these is true, than I agree with you. But if I had to take a guess, I'd say this is probably a situation where one person sues another person (the business just being an extension of this person), in which case he'd have a very good case (at least for the gear, the certification is a little murkier because it's tough to say exactly what was purchased and if it was delivered).

Agree about looking after yourself though, that's probably the best way to go about it. I agree with your overall point, I just feel more optimistic that small claims court would work very well in this situation (unless I missed something).
 
i was in the process of finishing my basic open water diving course. i completed one checkout dive last summer and was counting on finishing up this spring. i went by the shop the other day and the store is empty with a for rent sign on it. i was never notified of it's closing and i can't get a return call. the class was paid in full. it was a naui, btw.

any suggestions on what to do when this happens?

In my personal opinion, if you did one dive last summer and you were going to train again this Spring, that's a long time between dives. I'd have you repeat the first dive and probably make you do more than 5 checkout dives if you were my student. I'd do that not because I'd be trying to punish you, but because I'd care enough about you as my student to not throw you out into the cruel world of the diving industry unprepared. We'd probably make more than the minimum required dives.

Rather than look on this as a total loss, take it as an opportunity to seek perhaps even better instruction or run through a complete course within a tighter time frame of class, pool and open water. You already have a lot of knowledge and skills, but repeating everything could make you an even better diver than you'd be after the first go 'round.

I'm not a NAUI instructor, but I teach technical classes through Lehigh Valley Dive Center near Dutch Springs. You may have done your dive there since you're from New Jersey. LVDC is a committed NAUI facility and the owner, Steve Walker, was written about in the NAUI magazine for running good courses. I've seen Steve teach in the class and he's absolutely thorough. His recreational diving skills are great. I haven't watched him teach underwater, but the students of his I've seen diving or had in other courses look better than most at their level.

Brian, Jamie and Sue had me as an instructor for a rec to tech boot camp and are now NAUI instructors at Lehigh Valley Dive Center and they might be good choices for instructors if you are looking to dive off NJ. They have plenty of experience in those waters, at Dutch, in the islands & in the Cooper River.

I can't speak for how they may or may not handle your situation at the shop. They might just charge you for checkout dives. I don't think NAUI registers students like GUE, but if you have a prior training record, or maybe could pass a written exam, they could accomodate you.

This may or may not sound like something you'd want to pursue and I'm posting this less as an advertisement for the shop and more to give you direction for completing the NAUI cert. I don't know other dive centers doing NAUI other than Adventure Scuba near Conshocken, Norristown, or wherever they are now, in PA outside Philly. I haven't been to their new store. They are also VERY good for education for a new diver because they are experienced technical guys who will give you more bang for your buck than most shops.

If you don't care about NAUI, I'd SERIOUSLY VERY MOST HIGHLY recommend the Scuba Connection (PADI) in Belle Meade, NJ, or my girlfriend, Jen, (PDIC) who is unreal good, but new to teaching. She just passed her instructor exam in the Spring, but she can outdive (skill-wise) just about everyone mentioned. She spent many years as a divemaster in the tropics and became a GUE, TDI, NSS-CDS tekkie (basically I ruined her life and her dreams), but she believes in recreational diving for fun and teaches private courses.

You and another NAUI facility might be able to sort the best course of action for you out with NAUI headquarters.

If you're going to have to get another instructor, all of the above will give you your money's worth or make sure you can dive before signing your certification card.
 

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