Advice Needed

[Zbroken]

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

Was brought an offer by an individual on a computer sale, which I still have the email about. Anyways, Purchased this computer, Sent the individual, who resides in New York State, 2 Four Hundred Dollar Postal Money orders for the computer. First time around, the shipping company put a fork lift through the package, he agreed to sending me the money and a new computer for the incident. Second time around he sent it fedex and apparently fedex could not find my address which is bogus. Next he sent it UPS which delivers to my doorstep and it has yet to be seen. Finally I told him that he needs to get me the money ASAP, which I no longer care for the product I want a return of funds which he agreed too. To make a long story short, I have not received the funds or a package and this has been going on for the last couple of months. Do i have grounds to take him to small claims? And what do I need to do? Sorta new to this deal so any advice would be excellent. ThanksWhat is the name of your state (only U.S. law)?

 

[justalayman]

so, you are willing to go to NY to sue this guy for $800? Sounds like you have a reasonable chance at winning at least.

 

[Zbroken]

Well should I just cut my losses for stupid thinking?

 

[latigo]

You do not have to sue the vendor in New York!

You can file your civil case in Kansas under its Long-Arm Statute codified as Kansas Statutes Section 60-308, which provides in part:

“Section 60-308 (b) Submitting to jurisdiction -- process. Any person, whether or not a citizen or resident of this state, who in person or through an agent or instrumentality does any of the acts hereinafter enumerated, thereby submits the person and, if an individual, the individual's personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from the
doing of any of these acts:

(1) Transaction of any business within this state;

(5) Entering into an express or implied contract, by mail or otherwise, with a resident of this state to be performed in whole or in part by either party in this state;

As a matter of fact you don’t even have to arrange to have the service of process sent to New York to a sheriff or process server for personal service upon the defendant.

Subsection (e) of the Kansas statute allows “Service by return receipt delivery” which can be effected by “certified mail”, “priority mail”, “commercial courier service”, “overnight delivery service”, “or other reliable personal delivery service”.

And it is not necessary that you obtain a court order for the out of state service. That subsection outlines the procedure to establish proof of service by affidavit in clear and simple terms.