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Old 11-26-2011, 03:32 AM
 
4 posts, read 15,278 times
Reputation: 15

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Hi. I found this forums over internet. I had a question about suing someone in another state. A few month ago i stat making payment for a turbo kit for my car which was called "lay away plan". Everything was going fine till I start seeing a lots of complains about customer service and product quality of that shop. I decided to cancel my order, the seller agreed to make payments or make good quality products, but now the seller is refusing to refund my money and he is ignoring every email or P.M or phone call I'm making. now i have no choice but to sue this person, but i'm new to this. I'm kind of like being in middle of nowhere and don't know where to go. this person owes me a little over $2000 and he lives in CA and I live in MO. the price used to be 3200 but i was able to get some of it back through bank dispute, but the back is not going to dispute anything over 2 month old payments. Any help would be great thanks.
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Old 11-26-2011, 03:38 AM
 
Location: Aloverton
6,560 posts, read 14,453,208 times
Reputation: 10165
From the lawsuit standpoint, you're hosed (in my non-JD opinion). There is no foreseeable way you will come out ahead. What you might do is write to the CA Attorney General and hope--but I would put very little faith in that.
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Old 11-26-2011, 05:55 AM
 
Location: Ohio
668 posts, read 2,186,102 times
Reputation: 832
Yes, it would cost you more than its worth, and that Company 'knows this', so, they arent going to give an inch, simply becase...

If you take them to Small Claims Court, all they have to do, is get a continuance, and you have to come back and do it again and its going to cost you a fortune...

Getting a lawyer? Major bucks, more than the 2 grand to cover it, and they 'will' insist it goes to Court so you have to appear! Cost you for lawyer and lodging and days work wages lost.

People 'know' this when they deal with out of State customers, and even if they do 'shoddy work', they know that all they will get is nasty phone calls, letters, and everything else that they can simply ignore.

Its a valuable lesson learned, unfortunately, this lesson cost you $2000 bucks to learn it. But, consider it cheap, in the scheme of things, as some may cost you more in the future... Lets hope not.

I wish you well...

Jesse
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Old 11-26-2011, 05:57 AM
 
10,135 posts, read 27,462,852 times
Reputation: 8400
Sue him in Mo. In the small claims complaint state that the goods were to be delivered in mo, the payments were made in mo, he advertised in mo. Make sure you get his name right on the complaint and follow all the rules. Let the judgment age for a few months then send it to a CA collection lawyer. They will file a uefja case there and, hopefully, get you some $$$.
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Old 11-26-2011, 02:28 PM
 
4 posts, read 15,278 times
Reputation: 15
this is messed up. i guess i found out how to scam people ad not get in to trouble. i'm not the only person that he owes money to. they are several people from different part of U.S. this is messed up. i guess i have to tell my cousin and see if he's close enough to stop by his shop. i have been scammed $3000 total(900 from different person). i have never been in such situation lol. i have bough a lot of items from different places from that forum with no problem at all.
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Old 11-26-2011, 05:38 PM
 
Location: Wherever I want to be... ;)
2,536 posts, read 9,927,572 times
Reputation: 1995
Was this done through an online site or eBay?
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Old 11-28-2011, 12:42 AM
 
4 posts, read 15,278 times
Reputation: 15
the deal was made through an auto forum but the payments were made via the shops own site.
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Old 11-28-2011, 08:35 AM
 
Location: Apple Valley Calif
7,474 posts, read 22,875,208 times
Reputation: 5682
I sued a company in Oregon and I live is So Calif. I contacted the court by phone, they sent me all the paperwork which I filled out and returned. I paid to have a Marshall serve them, and when it came time to go to court, my wife and I flew up there and added the cost of the flight and all travel expenses to the suit.
The other party was surprised to see us, they didn't think we would show up. It almost came to a point where we would have had to return to court a second time. The judge said we coud do the second appearance by phone, but it was settled before that became neccessary.
We won our case, and compromiced by allowing them to make payments. It all worked out fine, and we got a paid vacation out of it...
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Old 11-28-2011, 04:17 PM
 
14,450 posts, read 20,630,704 times
Reputation: 7995
Quote:
Originally Posted by mehrshadvr4 View Post
Hi. I found this forums over internet. I had a question about suing someone in another state. A few month ago i stat making payment for a turbo kit for my car which was called "lay away plan". Everything was going fine till I start seeing a lots of complains about customer service and product quality of that shop. I decided to cancel my order, the seller agreed to make payments or make good quality products, but now the seller is refusing to refund my money and he is ignoring every email or P.M or phone call I'm making. now i have no choice but to sue this person, but i'm new to this. I'm kind of like being in middle of nowhere and don't know where to go. this person owes me a little over $2000 and he lives in CA and I live in MO. the price used to be 3200 but i was able to get some of it back through bank dispute, but the back is not going to dispute anything over 2 month old payments. Any help would be great thanks.
I am assisting someone from N.Y. to file small claims against someone a few states away. The damages are close to $1000. The Clerk of Court told me the guy has 3 years to file his claim. The cost to file and serve the papers on one person, is $126.00.

Check the Clerk of Court in the County in which your loss occurred.

This guy might need a lawyer at the hearing. He got an estimate on that too. Close to $500.

So, you can file a small claims for up to $5000 in this state, and if you have no lawyer you just appear at the hearing yourself, and present your evidence of wrong doing against you.
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Old 11-28-2011, 05:30 PM
 
Location: Wherever I want to be... ;)
2,536 posts, read 9,927,572 times
Reputation: 1995
Quote:
Originally Posted by mehrshadvr4 View Post
the deal was made through an auto forum but the payments were made via the shops own site.
And I'm going to guess the site had its own "shopping cart" type system, and it didn't process through PayPal, Google Checkout, etc?
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