Internet Sale Fraud via Forums/E-mail

What is the name of your state? Texas

I read forums and message boards all the time with my friends to learn and have fun with our cars (mustang websites). I saw an add that was selling car parts (ATI supercharger kit with other added options and accessories). Several people seemed interested, and as I usual do, I sent him an e-mail inquiring about the parts. We e-mailed each other back and forth ( I never posted on the message board of my interest) and we agreed on a set price. I sent $1600 via Western Union and it cost $109 to send it. This guy is in New Jersey. I waited several days, and talked to him via e-mail occasionally, but never received any tracking numbers nor the parts. Now its been a month and a half, and he is is emailing me again now saying he's looking into with the shippers. I sent him a certified letter saying I wanted the parts or my money. He has sent no proof of shipment or anything. I also found out after researching into more that this same guy, as well as a couple of other names using the same address and email accounts as him, have scammed several other people. I told him I was going to take him to a small claims court if I had to and he said that he was not going to be responsible for the shippers losing the parts, and that he threw away the receipt thinking I already got the parts, and that emails wouldn't be valid at all in court. I have copies of all the emails I sent him and he sent me as well as the other people saying that were ripped off by this guy too. I also have copies of the money order I sent to him and his signature on the certified letter thingy. Basically, do I have a chance with this in court? This is a lot of money for me. Will emails (hotmail account) be allowed in court as proof of the agreement? And can he just say he shipped it or will he need to provide proof that he did indeed ship it? Any help would be greatly appreciated and thank you in advance.

Thank You,
Chad

Yes you have a chance with this in court, you have to find the right court.

You also have to realize that even if you win in court actually getting some money out of this con artist who lives a long, long ways from you is going to be pretty unlikely.

Learn a life lesson from this, don't send $1600 cash to a stranger 1/2 way across the country.

Basically, do I have a chance with this in court? This is a lot of money for me. Will emails (hotmail account) be allowed in court as proof of the agreement?

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Sure, you have a chance -- the emails wll help to provide some evidence. He'll need to do more than just claim that he shipped the parts -- he'll need to have some proof.

HOWEVER -- the biggest problem you are going to have is that you will need to sue him in small claims court in HIS state and county, which means you'll have to travel to NJ for the court case. And you cannot recover the costs associated with travelling to NJ as part of your case.

That's the problem with doing business across state lines...

Thank you for your input. I really do appreciate it. Going to NJ isn't such a problem as I can get cheap tickets, but the timing might be bad with school; I go to college. If I were to file in NJ on Monday, what kind of time frame would I be looking at, like getting a court date and such. Also, is there anything I can do now that will help me when it comes time to go to court, like I sent the certified letter to verify his address? I am still talking to the guy via email, but he keeps saying he's looking into and such, and having problems with his girlfriend, etc. Anything I should try? Thank you again.

You can probably find some answers to your questions here: http://www.judiciary.state.nj.us/civil/civ-02.htm

You will need to have his current address in order to have him served, so any way you can make sure that you have the right address is going to be helpful.

Also, if you can get anything from his in writing, that would help as well (not just email -- writing) Don't know how you might do that, I'll leave that to your imagination.

You do have the Western Union receipts, rights?

Yes, I do have all the originals of everything Western Union gave me. I did send him an email with an excel file of a drawn up receipt for him to sign and fax back. First, he said he couldn't open it because he didn't have excel and that a friend was going to do it for him. He said he then signed it and faxed it to me. I never received anything. I sent him both my house fax and the office fax, and never got anything. Another thing that kinda pissed me off in his email, was that he kept saying well check the company I had him send it to and make sure they didn't lose it or anything. Just makes me upset, because it's a company I work at in the summers, my father is the controller, and I do a lot in the warehouse. There is a total of 7 employees including myself, and we're practically like family.
Also, is there anything I can do for the other people/victims that I know of or can I only suggest they take him to small claims court as well?

Also, school starts up again like the 1st of September. Would it be realistic to get a court date before then?

Don't expect to file the case on Monday and have a trial that Friday. Depending on how backed up the schedule is, you can have a delay of weeks, sometimes months.

In the interim, have you considered contacting the scammer's local police department? Ask for a detective and explain the situation, they tend not to appreciate internet fraud these days. If you can get other people who have been scammed to contact the same detective, they will be much more likely to help out.


Anyway, I have a nice 9# Vortech kit for sale, and it's only $1600. (Comes with a complimentary bridge too). But I only accept cash in small denominations