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  #1  
Old 09-28-2009, 05:02 PM
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problem with out of state online transaction

What is the name of your state (only U.S. law)? CA

I usually buy and sell a ton of music gear on a online forum (harmony-central.com) I've done probably over 50 transactions without any problems until now. It was for a $2650 guitar amplifier (Diezel Herbert) and the seller has failed to deliver the item and refund all of my money. I believe he never had the amplifier to begin with and it's pretty much just a scam from the beginning. I paid $1000 with a Online payment service(which I already filed a claim and got my initial deposit back) however the other $1650 was sent as a Cashiers Check to him. He has refunded $200 of that $1650 and still owes me $1450 which I am reluctant to receive. What can I do?
  #2  
Old 09-28-2009, 05:05 PM
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Quote:
Originally Posted by wprom001 View Post
What is the name of your state (only U.S. law)? CA

I usually buy and sell a ton of music gear on a online forum (harmony-central.com) I've done probably over 50 transactions without any problems until now. It was for a $2650 guitar amplifier (Diezel Herbert) and the seller has failed to deliver the item and refund all of my money. I believe he never had the amplifier to begin with and it's pretty much just a scam from the beginning. I paid $1000 with a Online payment service(which I already filed a claim and got my initial deposit back) however the other $1650 was sent as a Cashiers Check to him. He has refunded $200 of that $1650 and still owes me $1450 which I am reluctant to receive. What can I do?
Sue him in small claims court in his jurisdiction.
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  #3  
Old 09-28-2009, 05:05 PM
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Join Date: Jan 2005
Posts: 21,693
Quote:
Originally Posted by wprom001 View Post
What is the name of your state (only U.S. law)? CA

I usually buy and sell a ton of music gear on a online forum (harmony-central.com) I've done probably over 50 transactions without any problems until now. It was for a $2650 guitar amplifier (Diezel Herbert) and the seller has failed to deliver the item and refund all of my money. I believe he never had the amplifier to begin with and it's pretty much just a scam from the beginning. I paid $1000 with a Online payment service(which I already filed a claim and got my initial deposit back) however the other $1650 was sent as a Cashiers Check to him. He has refunded $200 of that $1650 and still owes me $1450 which I am reluctant to receive. What can I do?
Sue the bad guy in small claims court (in HIS state)
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  #4  
Old 09-28-2009, 05:09 PM
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Quote:
Originally Posted by Zigner View Post
Sue the bad guy in small claims court (in HIS state)
How long do you think the process will take? Do I have to actually make a appearance in his state as well? Also what should I expect in terms of costs?

Thanks everyone
  #5  
Old 10-06-2009, 08:46 PM
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Join Date: May 2008
Posts: 326
No one answered this?

Yes, you have to make an appearance in his state. What would you expect? An attorney to do it for you? Attorneys aren't allowed to represent you in small claims. If you aren't there, there's no one to represent you, he wins.

In terms of costs, a filing fee, travel costs (airfare, rental car, hotel accommodations, time off from work), and attorney consultation, if you choose to consult with one. You aren't entitled to getting the travel costs back, and good luck on getting a consultation fee. And if the guy doesn't pay, well, there are more costs to you.

Unfortunately it would probably costs you more out of pocket than what you'd be awarded for the amp.
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