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Legal help: How do i sue out of state?
I paid a guy 3295$ for an imported car engine last February. To this date he has still not given me the engine! He is located in Arizona while I am in NJ so it is difficult to take actions.
Anyone have any suggestions to get my money back? |
Is he still alive? Is it a business? need more details if you want good suggestions...
Denny |
sounds like a story I heard on the radio last week:Graucho
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Did he gave you a receipt or something? Did he sign any papers showing he did received the money?
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You sue him in your state.
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what engine did you pay for?
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oh, and how did you pay for it?
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You need a shit load more details man! Do you have proof that you gave this guy money? If you don't, you're out 4 grand! :(
jDoG |
It makes no differnce what the details are. He said he wants to sue, not that he will win. Except of course......he didnt mention where the transaction took place. but i imagine that he planned on having it shipped.
When you are sueing someone that isnt in your state, you have to sue in a federal district court. but if you are serious. then get over it. because you got fucked, and it will cost you.....even for the cheapest lawyer...... more than what you could gain (considering air fare, lawyer fees, lawyers air fare, and countless other costs). Unless you just want to send a message. then you would be better off just saying his name here. |
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if you have statements or proof he's rips people off as his modis operandi, then I'd be tempted to contact the local or even state attorny general, but before you do so, I'd get at least two other independent written statements from others that's been ripped off
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I am sorry some of the things said here are incorrect . You go to small claims court in your state and you sue him, then you pay the extra 50 dollars to have the sheriff serve the papers on him. You will get your money pretty quick after that . I worked for a Executive search firm and we had no customers in our state and when there was a collection problem. My boss would sue in small claims court and using the sheriff is a big part and he would always win. I remember like it was yesterday him saying to someone who didnt want to pay " you want to come to GA and tell the judge why you think you shouldnt pay for the service you already got ? " If you have to go to court , if you have all your hahahahahahahahaation the proof of the wire ,any emails. He doesnt show you will get a judgement ,then go have the sheriff padlock his busniess and put it up for auction.
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You do NOT have to file suit in federal court to sue someone out of state. I do it on a regular basis for my day job. I am also in NJ and some of my recent suits have been filed against people in IL, NY and PA. You could hire an attorney to file suit, save yourself some paperwork hassle if it's worth it to you. The defendant would have to come to you, to YOUR state, to appear in court to defend himself. If he does not show, you are awarded judgement by default. Of course, winning doesn't necessarily mean you'll get your money, but for that amount, it'd be worth levying assets.
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