CJ-2026-00062 - Carlos Fajardo v. McNiel Auction Services, LLC

What's This Case About?

Let’s be real: how hard is it to not sell the same stuff twice? Because apparently, that’s a skill set McNiel Auction Services, LLC either never learned or actively chose to ignore. We’re not talking about a mix-up over a toaster or a bookshelf—this is a $27,000+ pile of industrial equipment, including trucks, drill pipes, and a mud pump (yes, that’s a real thing, and no, it’s not as dirty as it sounds… mostly), that one man paid for, never received, and then discovered had been quietly auctioned off to someone else. Like a bad magic trick, but with more liability and fewer rabbits.

So who’s Carlos Fajardo? He’s a Guatemalan citizen with ties to California, running what sounds like a small drilling or excavation business (his email? [email protected]—cute, professional, on-brand). He’s not some casual eBay flipper looking for a weekend project. This guy is in the market for heavy machinery—like a 2001 International Durastar truck, 16 joints of industrial pipe, a rotary table, and yes, a Gardner Denver mud pump (which, for the uninitiated, is basically the heart of a drilling rig). On June 1, 2024, Carlos logged into McNiel Auction Services’ online platform and won 13 different lots. Total bill: $34,491.45. He paid it. Receipts were sent. Emails were exchanged. All signs pointed to “congratulations, you now own a small fleet of oilfield equipment.”

But here’s where the plot takes a wild turn: Carlos was out of the country when he won the auction. He couldn’t just hop in a U-Haul and drive to Creek County, Oklahoma, to pick up his new toys. So he did the responsible thing—he called the auction house. Specifically, he talked to Sarah McNiel (yes, that McNiel), who told him, “No worries, we’ll store your stuff—for a cool grand.” That’s right: $1,000 to cover the labor and yard space until Carlos’s dad (apparently the designated equipment wrangler) could come move it. Sarah even sent an email confirming the storage fee, blessing the transaction with a cheerful “God is Great” sign-off. Business, as they say, was concluded.

Except… it wasn’t.

Because while Carlos was presumably arranging international logistics and dreaming of profitable drilling jobs, McNiel Auction Services allegedly did the unthinkable: they turned around and resold almost all of the items Carlos had already paid for. Every truck, every joint of pipe, every kelly bar—gone, re-auctioned, and paid for again by someone else. The only thing left? The Gardner Denver mud pump. Except—plot twist—it wasn’t even the real Gardner Denver. Carlos got a lookalike, a mud pump doppelgänger, delivered months later in September 2025. A bait-and-switch so bold it feels like a prank.

Now, let’s pause. Imagine paying $33,838.75 for a bunch of heavy equipment, only to be told, “Oh, we sold it again. Whoops?” That’s not just bad customer service—that’s the kind of move you’d expect from a cartoon villain running a back-alley chop shop. But McNiel, according to Carlos’s lawsuit, didn’t even have the decency to offer a refund. No “our bad,” no “let’s make this right.” Just silence. Radio silence. Until Carlos, now out nearly $28,000, filed a five-count lawsuit in Creek County District Court, demanding answers—and his money back.

So what exactly is Carlos accusing McNiel of? Let’s break it down like we’re explaining it to a very confused jury member who just wanted free snacks. First, breach of contract—the most straightforward claim. Carlos bid, he won, he paid. That’s a contract. McNiel’s job? Deliver the goods. Instead, they sold them to someone else. That’s not just a breach—it’s a full-on contractual betrayal. Second, violation of the Oklahoma Consumer Protection Act, which exists to stop exactly this kind of shady business behavior. The law says if you take someone’s money for goods and don’t deliver, you either give them the stuff or give them their cash back. McNiel did neither. Third, breach of bailment contract—a fancy term that basically means: “You were holding my stuff, and you sold it anyway.” Once Carlos paid and the items were set aside for him, McNiel became a “bailee”—a temporary caretaker. And caretakers don’t get to pawn off the treasure for a second payday.

Then it gets spicy. Count four: conversion. That’s legalese for “you stole my property.” Even if title hadn’t fully transferred, once Carlos paid, those goods were his. McNiel didn’t just mess up—they actively took property that belonged to someone else and sold it. And finally, unjust enrichment—because let’s be honest, the most offensive part is that McNiel got paid twice for the same stuff. Double-dipped. Double-charged. Double-uh-oh.

Carlos wants $27,848.84 back—the total he paid, minus the storage fee and the value of the mud pump he did receive. Is that a lot? For most of us, yes—nearly $28,000 could buy a new car, fund a wedding, or cover two years of rent in most parts of Oklahoma. But in the world of oilfield equipment? It’s not crazy money. That 2001 International truck alone was bid at $2,750. The pipe lots totaled over $11,000. This wasn’t a garage sale haul—it was a legitimate business investment. And now, thanks to what appears to be either gross incompetence or outright greed, Carlos is out both the equipment and the cash.

Here’s the thing we can’t get over: the audacity. The email trail shows Sarah McNiel not only confirming the sale but charging an extra $1,000 to store the very items they allegedly turned around and sold. That’s not a mistake. That’s not a clerical error. That’s like a restaurant charging you for a steak dinner, then serving you bread and butter, and keeping the steak for the next customer. And still cashing your check.

We’re not saying McNiel definitely did this on purpose. Maybe there was a database glitch. Maybe someone mislabeled the inventory. Maybe the ghost of a disgruntled former employee haunted the auction software. But the timeline doesn’t lie: payment confirmed, storage agreed upon, items removed from inventory—then, poof, resold. And no apology. No effort to fix it. Just silence and a growing stack of legal documents.

We’re rooting for Carlos. Not just because he’s the plaintiff, but because this is about basic fairness. You win an auction, you pay, you expect to get what you paid for. You don’t expect the seller to become a reverse Robin Hood—stealing from the buyer to give to… themselves. Again.

And hey, McNiel? If you’re reading this (and let’s be real, someone at that PO Box in Bristow probably is), here’s a pro tip: maybe don’t sell the same mud pump twice. It’s bad for business. It’s bad for karma. And most of all—it’s very, very bad for your legal defense.

Jury trial demanded. Popcorn ready. Let the bidding war for accountability begin.

Case Overview

$27,849 Demand Jury Trial Petition

Jurisdiction

District Court of Creek County, Oklahoma

Filing Attorney

Zander B. Chonka

Winters & King, Inc.

Relief Sought

$27,849 Monetary

Plaintiffs

Carlos Fajardo individual
Rep: Winters & King, Inc.

Defendants

McNiel Auction Services, LLC business
Rep: none

Claims

#	Cause of Action	Description
1	Breach of Contract	Plaintiff alleges that Defendant breached a contract for the sale of goods by failing to deliver the goods and selling them to another buyer.
2	Violation of the Oklahoma Consumer Protection Act	Plaintiff alleges that Defendant violated the Oklahoma Consumer Protection Act by selling the goods to another buyer without notice to the Plaintiff.
3	Breach of Bailment Contract	Plaintiff alleges that Defendant breached a bailment contract by selling the goods to another buyer without notice to the Plaintiff.
4	Conversion	Plaintiff alleges that Defendant converted the Plaintiff's goods by selling them to another buyer.
5	Unjust Enrichment	Plaintiff alleges that Defendant was unjustly enriched by selling the goods to another buyer without notice to the Plaintiff.

Petition Text

2,105 words

IN THE DISTRICT COURT IN AND FOR CREEK COUNTY, STATE OF OKLAHOMA CARLOS FAJARDO, an individual, Plaintiff, vs. MCNIEL AUCTION SERVICES, LLC, an Oklahoma limited liability company Defendant. Case No. CJ 2026-62 PETITION Plaintiff, Carlos Fajardo, by and through its counsel of record, Winters & King, Inc., for his Petition against Defendant McNiel Auction Services, LLC, alleges and states as follows: PARTIES 1. Fajardo is an individual who is a citizen of Guatemala. 2. Defendant McNiel Auction Services, LLC ("McNiel") is a domestic for-profit limited liability company organized under the laws of the State of Oklahoma, who upon information and belief, has its principal place of business in Creek County, State of Oklahoma. 3. The events giving rise to the claims alleged herein occurred in Creek County, State of Oklahoma. 4. Jurisdiction and venue are proper in this Court. GENERAL ALLEGATIONS 5. McNiel is an auction house in the business of auctioning equipment and materials. 6. On or about June 1, 2024, Fajardo bid on McNiel’s online auction platform. His was the winning bid for 13 different items. See Ex. 1. 7. Fajardo paid a total of $33,838.75 to McNiel for the items he had won in the June 1, 2025 auction. 8. At the time of the auction, Fajardo was out of the country. 9. Since Fajardo would need to arrange travel in order to pick up the equipment and materials he had purchased, he inquired with Sarah McNiel (a representative of McNiel) about storage. McNiel and Fajardo agreed to a storage fee of $1,000. See Ex. 2. 10. McNiel agreed to store the items Fajardo had bid on and purchased until he was able to move them. 11. For reasons unknown to Fajardo, McNiel then auctioned off all but one of the items for which Fajardo had paid and lawfully purchased. 12. McNiel has now sold the same equipment twice and been paid for said equipment twice. 13. Part of the $33,838.75 paid by Fajardo included the successful bid for a Gardner Denver mud pump, the only remaining item that McNiel did not sell twice. Fajardo paid a total of $4,992.91 for the pump. Fajardo took possession of a similar mud pump (not a Gardner Denver, though it was advertised as such) on September 30, 2025. See Ex. 3. 14. As of the date of this Petition, Fajardo has not received the remaining 12 items for which he paid after the June 1, 2024 auction, nor has he received a refund for those items. 15. Fajardo is owed a refund in the amount of $27,845.84, which is the total amount paid for the goods, less the storage fee and the total purchase price of the mud pump. First Cause of Action (Breach of Contract) Plaintiff, for his first cause of action, incorporates by reference the allegations above as though fully restated herein. 16. Fajardo and McNiel entered into a lawful and enforceable contract when Fajardo bid on and agreed to purchase various goods from McNiel. 17. Fajardo materially complied with the terms of the contract by remitting payment to McNiel, but McNiel has breached the contract by failing and/or refusing to deliver the goods to Fajardo resulting in damages in an amount not less than $27,845.84. 18. Moreover, the UCC governs the transaction between Fajardo and McNiel because it involves the sale of goods for more than $500 and because McNiel is a merchant under the UCC. 19. As a seller of goods, McNiel had no right to resell the goods without giving notice to Fajardo. Rather, McNiel had an obligation to hold the goods and deal with Fajardo in the good faith in order to effectuate delivery of the goods. 20. McNiel’s sale of the goods to another buyer without notice to Fajardo constitutes a breach of contract and violates its duty of good faith and fair dealing inherent in all contracts. 21. Under Okla. Stat. tit 12A § 2-711(1), "[w]here the seller fails to make delivery … the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid recover damages for nondelivery..." 21. Fajardo is entitled to recover damages for the nondelivery, which is the amount paid to McNiel for the lawfully purchased material. Second Cause of Action (Violation of the Oklahoma Consumer Protection Act) Plaintiff, for his second cause of action, incorporates by reference the allegations above as though fully restated herein. 22. By selling Fajardo’s goods to another buyer without giving notice to Fajardo, McNiel has violated Okla. Stat. tit 15 § 753(A)(13)(g) by its “[w]illful failure to make delivery of the subject of a consumer transaction within a reasonable time or to make a refund therefor upon the request of the purchaser.” 23. McNiel has failed to refund Fajardo for the purchase of goods that McNiel sold to another buyer. 24. Fajardo is owed a refund of $27,845.84 and is further entitled to reimbursement of reasonable attorneys’ fees pursuant to Okla. Stat. tit. 15 § 761.1(A). Third Cause of Action (Breach of Bailment Contract) Plaintiff, for his third cause of action, incorporates by reference the allegations above as though fully restated herein. 25. By selling goods online, which needed to be picked up in person by the purchases, McNiel created a bailment between it and Fajardo. The bailment is further evidenced by the agreement to hold Fajardo’s goods until he could pick them up in exchange for $1,000. Okla. Stat. tit 15 § 441 et seq. 26. Okla. Stat. tit. 15 § 447 provides that “A bailee must deliver the thing to the person for whose benefit it was deposited, on demand, whether the bailment was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by Section 1093.” 27. Fajardo has demanded the return of the materials he purchased by McNiel, but McNiel has failed and/or refused to deliver said materials. 28. As a bailee, McNiel also owed Fajardo a duty of ordinary care for the preservation of the items bailed. 29. Under Oklahoma law, a bailee must give prompt notice to the person for whose benefit the bailment was made, of any proceedings taken adversely to his interest in the thing bailed which may tend to excuse the bailee from delivering the thing to him. Okla. Stat. tit 15 § 450. 30. McNiel failed to notify Fajardo that it intended to sell the items to a third-party for which Fajardo had paid. 31. Since the time of the sale, McNiel has not refunded Fajardo for the payments he made for the goods sold to another bidder, despite demand from Fajardo. 32. McNiel’s failure to return funds to Fajardo constitutes a breach of a bailment contract in the amount of $27,845.84. Fourth Cause of Action (Conversion) Plaintiff, for his fourth cause of action, incorporates by reference the allegations above as though fully restated herein. 33. McNiel is in wrongful possession of Fajardo’s materials that Fajardo had lawfully purchased, and McNiel has wrongfully asserted dominion or control over Fajardo’s materials in a manner inconsistent with Fajardo’s exclusive ownership and entitlement to such materials. 34. Fajardo has not acquiesced, abandoned, or waived its right to possession and/or ownership of Fajardo’s materials that he bid on and purchased, and has not consented to or authorized McNiel to take dominion or control over Fajardo’s materials. 35. As a direct and proximate result of McNiel’s conversion of Fajardo’s materials, Fajardo has suffered damages. Fifth Cause of Action (Unjust Enrichment) Plaintiff, for his fourth cause of action, incorporates by reference the allegations above as though fully restated herein. 36. McNiel has been unjustly benefitted by not only selling the goods to Fajardo and receiving payment therefor, but also by selling the goods again to another buyer for double recovery. 37. Such a benefit conferred upon McNiel was at the expense of Fajardo. 38. Without delivering the goods to Fajardo, McNiel’s continued retention of the Fajardo’s payment is inequitable. 39. Equity can only be affected by McNiel refunding Fajardo in the amount he paid for the goods, or $27,845.84. WHEREFORE, Carlos Fajardo respectfully requests the Court to grant judgment against the McNiel Auction Services, LLC, for general and special damages in the amount of $27,845.84 for the above alleged causes of action, pre- and post-judgment interest, costs and attorneys’ fees, and any other further relief as this Court may find just and proper under the law. Respectfully submitted, WINTERS & KING, INC. [Signature] Zander B. Chonka, OBA #36440 2448 East 81st Street, Suite 5900 Tulsa, Oklahoma 74137 (918) 494-6868 Telephone (918) 491-6297 Facsimile ATTORNEYS FOR PLAINTIFF JURY TRIAL DEMANDED ATTORNEYS LIEN CLAIMED Bidder #391654 Carlos Fajardo (EXEMPT) 934 Verdulera St Camarillo, CA 93010 910-538-5765 [email protected] Auction on June 1, 2024 OUTSTANDING BALANCE OF $34,491.45 PAYMENT TOTALS <table> <tr> <th>TOTAL PAYMENTS</th> <th>CASH PAID</th> <th>CHECK PAID</th> <th>CREDIT PAID</th> <th>TAX PAID</th> <th>PREMIUM PAID</th> </tr> <tr> <td>$0.00</td> <td>$0.00</td> <td>$0.00</td> <td>$0.00</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> AUCTION TOTALS <table> <tr> <th>ITEM #</th> <th>TITLE</th> <th>PRICE</th> <th>QUANTITY</th> <th>TOTAL SALE</th> <th>BUYER'S PREMIUM</th> <th>TAX</th> <th>FEE</th> </tr> <tr> <td>40</td> <td>2001 International Durastar 4300 601011</td> <td>$2,750.00</td> <td>1</td> <td>$2,750.00</td> <td>$192.50</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>46</td> <td>1998 Volvo (green with Failing rig 601003</td> <td>$6,000.00</td> <td>1</td> <td>$6,000.00</td> <td>$420.00</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>47</td> <td>Pipe - 16 joints of 3</td> <td>$400.00</td> <td>16</td> <td>$6,400.00</td> <td>$448.00</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>52</td> <td>Rotary table 601141</td> <td>$300.00</td> <td>1</td> <td>$300.00</td> <td>$21.00</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>53</td> <td>Kelly bars 601125</td> <td>$260.00</td> <td>1</td> <td>$260.00</td> <td>$18.20</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>61</td> <td>Garden Denver mud pump 601004</td> <td>$4,500.00</td> <td>1</td> <td>$4,500.00</td> <td>$315.00</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>62</td> <td>Interstate pintle hitch trailer 601075</td> <td>$2,500.00</td> <td>1</td> <td>$2,500.00</td> <td>$175.00</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>93</td> <td>winch 601102</td> <td>$60.00</td> <td>1</td> <td>$60.00</td> <td>$4.20</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>94</td> <td>Trackhoe bucket</td> <td>$45.00</td> <td>1</td> <td>$45.00</td> <td>$3.15</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>110</td> <td>drill pipe and fence pipe 601021</td> <td>$500.00</td> <td>9</td> <td>$4,500.00</td> <td>$315.00</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>114</td> <td>drill pipe and fence pipe 601025</td> <td>$210.00</td> <td>19</td> <td>$3,990.00</td> <td>$279.30</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>116</td> <td>drill pipe and fence pipe 601027</td> <td>$60.00</td> <td>8</td> <td>$480.00</td> <td>$33.60</td> <td>$0.00</td> <td>$0.00</td> </tr> <tr> <td>117</td> <td>drill pipe and fence pipe 601028</td> <td>$50.00</td> <td>9</td> <td>$450.00</td> <td>$31.50</td> <td>$0.00</td> <td>$0.00</td> </tr> </table> Subtotal: $32,235.00 $2,256.45 $0.00 $0.00 Auction Total: $34,491.45 Please Note: Credit card payments will be charged an additional $3.00 processing fee. Terms and Conditions A full list of terms and conditions is posted on EquipmentFacts. ——— Forwarded message ———— De: Sarah McNiel <[email protected]> Date: sábado, 22 jun 2024 a las(s) 5:09 a.m. Subject: Re: FASA Guatemalan W-9 To: Carlos M. Fajardo <[email protected]> Hi Carlos. I will call you this morning for payment. I am attaching an updated invoice, which shows tax removed. The total balance is $35,458.50. Our program will show a paid receipt of this amount once your card has been charged, and I will send to you. Also, we have to charge $1,000 to remove and store the items. We have to take the skid loader back out there and it'll take a couple of guys a day or two, and then we will have to store at our yard until your dad is able to move them. We have to be off of the property by June 29th. :) So the total charged to the card will be $36,458.50. Thank you! Sarah Thank you and have a blessed day! God is Great Judy Lemons 918-645-7618 McNiel Auction Services, LLC Pecos 918-671-3652 Sarah 405-702-3202 McNeil Auction Services LLS PO Box 1197 Bristow, OK 74010 Phone: 405-702-3202 # 391654 SOLD TO: Carlos Fajardo 934 Verdulera St Camarillo, CA 93010-8351 Phone:(239) 986-5250 [email protected] <table> <tr> <th>Lot#</th> <th>DESCRIPTION</th> <th>QUANTITY<br>UNIT PRICE</th> <th>EXTENDED PRICE</th> </tr> <tr> <td>37</td> <td>mud pump 028</td> <td>1 x 4,500.00</td> <td>4,500.00 T</td> </tr> <tr> <td colspan="2">Total Quantity:</td> <td>1.00</td> <td></td> </tr> <tr> <td colspan="2">Total Extended Price:</td> <td>4,500.00</td> <td></td> </tr> <tr> <td colspan="2">5% Buyer's Premium:</td> <td>225.00</td> <td></td> </tr> <tr> <td colspan="2">Tax1 Default:</td> <td>267.91</td> <td></td> </tr> <tr> <td colspan="2">Invoice Total:</td> <td>$4,992.91</td> <td></td> </tr> <tr> <td colspan="2">Remaining Invoice Balance:</td> <td colspan="2">$4,992.91</td> </tr> </table> EXHIBIT 3