Taking someone in another state to court

[TonyNorCal]

Had a deal go bad on me. Seller won't respond to calls.

What is involved in taking someone to court in another state? Can I file locally here?

Amount it $425

[Guest]

with court costs,time,headache it won't be worth it. i would chalk it up to experience. $425 is not that bad of a lesson. even if you win getting the money will be more trouble. if you sell or buy alot look into an escrow service.

[TonyNorCal]

Well, it's almost the principle of the matter.

While you may be right I am still curious about the logistics of this.

He is in another state. Am I able to simply file in local small claims court? If so I understand it's only $30-40?

Any advice would be gratefully read.

[HEUER]

Tony,

It would be very helpful if you went into more detail. Some of the more seasoned members may be able to help you. At the very least let us know who to avoid in the future. Did you send the entire amount, or half upfront, half on delivery. Private seller or FFl shop?

[Turbinator]

Personally, I would pursue. If you truly were "ripped off" so to speak, you really need to chase it - else the other party never learns that you can't go around in society ripping people off.

Turby

[HEUER]

It is too bad that you got taken for the 425.00, but like Turby said you do not want the guy to get away with it. Let the people on this forum know what's going on, you may be able to prevent another member from dealing with this guy, or responding to his post, you may not be the only person to be taken for 425.00. Post a warning.

[bu-bye]

Personally.....

I would give his name, number, address, e-mail address to every marketing firm, gay pron site, and register under his name for everything you see on the internet. Put his name and number down for every "For more information put your.." card. Distroy his way of life just a little . I did that once to a boss. Its a long story but she had it coming. It was funny watching her cell phone ring every 30 seconds with sales calls.

[TonyNorCal]

I am going to refrain from mentioning him by name...I hold out hope that he will see the error of his ways and choose to do the right thing. However, I am pursuing this. Part of it is due to his attitude. He recently sent me an e-mail basically calling me a liar and now doesn't answer his phone. And, I don't stand for that. If he'd called me and nicely said something like 'Tony, I am sorry I really don't have the funds for a refund right now" I would have been very accomodating and willing to work it out. But to basically tell me I am a liar and then hide from my attempts to resolve it really leave a bad taste in my mouth. At least with me somebody's attitude is more than half the issue. Anyway, I don't want to get bogged down in all the gory details...at this point there really is no other way to resolve this short of him realizing his mistake and taking action.

Basically he sold me something that is broken and he's being a jerk about it and now just hangs up on me.

So here I am really interested in specifics of how this would happen. If anyone can answer some, or all of the questions following......

1.) Can I file in local small claims court?

2.) Can I just send him a summons or does it need to be 'officially served' somehow? I am pretty sure if I send it registered mail he'd refuse to sign for it.

3.) Assuming 1 and 2 can happen what's next? Does he have to come to Cali if he wants to defend himself?

4.) Assuming 1 and 2 are possible what can I actually claim as damages? Obviously the price I paid for the gun. Can I claim all court costs (so I don't lose money)? Am I allowed to claim for my time (within reason)?

And another question unrelated...

How can I get his info from a cell phone number? I no longer have his address (sent him a money order -not postal- almost a month back and no longer have the address. I have his name, state, and phone number (cell). I also have the tracking number from UPS, but that doesn't have his name when I go to their website. I am hopeful my FFL has that info on a UPS form that might have come with the box (the box I have has only the tracking number on it).

Thanks

[HEUER]

I have three years experience in wireless telephony and hold a MBA and MET, with some concentration in telecom.

1) If his wireless telphony provider provides you with any of his information it is a serious breech in privacy. Wireless companies can not release info to non authorized users, and wireless companies have been successfully sued for doing so. A lot of divorces occur because a spouse gets a cell phone bill, calls the provider and is given information that they are legally not allowed to access, they have to be nmaed on the account to release private information.

2)Try bigfoot. A reverse directory search may yield an address.

3)Contact your FFL imediately to see if he has kept the records.

4)Contact UPS customer service and request a copy of the invoice, I worked for a very large company (no, I wll not say who) who did business with UPS and I have found them to have excellent records.

5)If this is about a certain rifle that you bought with loose trigger group, it may be difficult to prove that the rifle was not damaged in transit, and may cost more to prove than the price of the rifle. Purchasing anything second hand without inspection is unwarranted, and for a third party to determine when the damage occurred is almost impossible.

6)Sorry Tony this situation is not cool. More than likely you entered into this agreement in good faith, and the other party had every intention of shipping you the damaged item (if not you then someone else). Have the guys at HELM's take a look at the rifle and see how much it would cost to repair the rifle, and maybe you and the other party can split the difference.

7) Disclose what is wrong with it and sell it at a discount, it may make a nice project.

[TonyNorCal]

Are there any attorneys here who can address the following questions? Dellaro, I read your response, but first you say I can sue here, then no to out of state. Thanks for answering...can you or anyone else specifically answer each of the following? Also, my understanding is that I am entitled to court costs and costs of having him served in addition to price of item.

So here I am really interested in specifics of how this would happen. If anyone can answer some, or all of the questions following......

1.) Can I file in local small claims court?

2.) Can I just send him a summons or does it need to be 'officially served' somehow? I am pretty sure if I send it registered mail he'd refuse to sign for it.

3.) Assuming 1 and 2 can happen what's next? Does he have to come to Cali if he wants to defend himself?

4.) Assuming 1 and 2 are possible what can I actually claim as damages? Obviously the price I paid for the gun. Can I claim all court costs (so I don't lose money)? Am I allowed to claim for my time (within reason)?


Thanks for your time.

[HEUER]

Tony,

You may want to contact the administrator of the site where the rifle was advertised and let them know of the situation, it may protect other people from buying rifles from this individual, and they maybe able to help in some way. Good luck in getting your money back, but from what I understand this could be a very time intensive process, and ultimately you will have to prove that he sold you a piece of junk and that the rifle was not damaged in transit.

I'm sorry to hear that the camp 45 carbine that you received was not in good condition. I remember reading the posts about you purchasing both the POLY 14 and the Camp carbine, and you were very excited. The trigger group housing may be replaced on the Camp 45 but if the receiver is bent you are pretty much screwed. You may want to make mention that the gentleman lives in Indiana this may help some of the attorney's on the board with procedure.

Have you been shooting for a long time? The reason why I ask is because purchasing a second hand fire arm without personal inspection from an unknown source is very risky. I am glad that you had the courage to post your experience on the board, and hopefully your experience will help others in there decision to pursue transactions over the Internet. I would like to think that the majority of individuals selling firearms over the Internet are honorable people, but the sad reality is that in this society there are those who have zero standards or accountability for their actions.

Good luck, let me know if you have any questions!

[stealthmode]

try peoples court or judge judy, it cant hurt. i think it would make for a good story.

[dwtt]

Tony,
did you use the post office to mail him a check or money order? If so, file a complaint with the post office. The postal inspector's office is there to chase crooks who use the post office to rip off others. If you didn't use the post office in this transaction, then you can call the US DOJ about how to file a complaint. This is a crime, so treat it as such.

[TonyNorCal]

Delloro, where did your posts go?

Here's the basic issue.

Seller lives in another state. He is a private party without and agent or business presence in Cali. Does him sending the gun into Cali (to my FFL) give Cali small claims jurisdiction or do I need to sue him in his home state?

If Cali has jurisdiction how would I get him served?

If Cali doesnt can I do it by mail in the other state?