Am I screwed?

[StolenfromMich]

I from Michigan, she is from Maine.

Hello, I need some help.

A month ago, I bought $725 of parts from a younger guy in Maine that I met on the internet classified ads. I sent his mother a Post Office Money Order, which she signed & cashed. No parts came. He made many excuses for not sending my parts, he told me his mother was going to send them, & now he won't answer his phone. His mother has told me she thinks he doesn't have the parts anymore? She also told me she did not ship any parts to me. I have purchased parts from this guy in the past with no issues. But now I think I'm screwed.

Is there any legal action (or other actions) I can take other than Maine's Small Claims Court? I'm in Michigan; I don't really want to travel to Maine.

Any input would be appreciated! Thanks!!

 

[I AM ALWAYS LIABLE]

I from Michigan, she is from Maine.

Hello, I need some help.

A month ago, I bought $725 of parts from a younger guy in Maine that I met on the internet classified ads. I sent his mother a Post Office Money Order, which she signed & cashed. No parts came. He made many excuses for not sending my parts, he told me his mother was going to send them, & now he won't answer his phone. His mother has told me she thinks he doesn't have the parts anymore? She also told me she did not ship any parts to me. I have purchased parts from this guy in the past with no issues. But now I think I'm screwed.

Is there any legal action (or other actions) I can take other than Maine's Small Claims Court? I'm in Michigan; I don't really want to travel to Maine.

Any input would be appreciated! Thanks!!

My response:

None.

IAAL

 

[JETX]

Am I screwed?

My response: Yep.

 

[StolenfromMich]

My response: Yep.

Come on! Do you really believe this? I don't give up so easy.

There is a way work within the system. I just need to find out what the best way is.

 

[JETX]

Come on! Do you really believe this? I don't give up so easy.

There is a way work within the system. I just need to find out what the best way is.

Okay, here you go:
1) First, you say you talked with the sellers mother. How old is the seller??
2) If the seller is an adult, you can file a lawsuit in his home county.
3) When time for trial, travel to his court and present your evidence. And no, you cannot collect travel, lost wages, etc.
4) Hopefully, you will get a judgment against him.
5) Then, you will have to try to collect on your judgment, against someone who doesn't even have enough money to live on his own... NOT promising.

So, have you learned anything about doing business with people across state lines.... especially when they are likely 'judgment proof'??

 

[StolenfromMich]

Okay, here you go:
1) First, you say you talked with the sellers mother. How old is the seller??
2) If the seller is an adult, you can file a lawsuit in his home county.
3) When time for trial, travel to his court and present your evidence. And no, you cannot collect travel, lost wages, etc.
4) Hopefully, you will get a judgment against him.
5) Then, you will have to try to collect on your judgment, against someone who doesn't even have enough money to live on his own... NOT promising.

So, have you learned anything about doing business with people across state lines.... especially when they are likely 'judgment proof'??

1.) Yes, seller is an adult. He does not live at home. But his mom cashed the mail order. I'll be going after her for the money.
2.) Can I file law suit in my state & have her travel to Michigan? Is it mail fruad, which is a crimial offence?
3.) Maybe I would.
4.) I assume I would win.
5.) I would be collecting my judgment from his mother, right. She owns a home, a car, a job...etc.

What have I learned....hmm. That I can trust MOST people. MOST people want to DO the right thing. Although, somethings they may need a little help.

 

[JETX]

1.) Yes, seller is an adult. He does not live at home. But his mom cashed the mail order. I'll be going after her for the money.

You have no claim against 'mom'. The fact that she cashed the money order is NOT relevant to the contract between you and her son.

Can I file law suit in my state & have her travel to Michigan?

You can certainly try to file in your state. And when she is served, she has the right to file a 'Motion to Dismiss due to Venue'.

Is it mail fruad, which is a crimial offence?

Depending on the full facts, it might be possible to bring a criminal charge.... but very unlikely. Unless there are numerous complaints against this person, it is unlikely to get the 'attention' of the federal prosecutor or US Postal Inspection.

 

[StolenfromMich]

You have no claim against 'mom'. The fact that she cashed the money order is NOT relevant to the contract between you and her son

The deal I made was with son and Mother. The son was to supply his mother with the parts for his mother to ship, since he was going to be out of town. So, I believe I would name Both people as liable? Is this correct?

You can certainly try to file in your state. And when she is served, she has the right to file a 'Motion to Dismiss due to Venue'.

Is this easily done, from her side. Could she file this by mail, or would she have to go to county/court office?

Depending on the full facts, it might be possible to bring a criminal charge.... but very unlikely. Unless there are numerous complaints against this person, it is unlikely to get the 'attention' of the federal prosecutor or US Postal Inspection.

The son may have been in trouble with the law in his city before.

The purpose of finding out all my options is because I want to make a point to them that I not going to go away. I believe the items are still obtainable from their end. I really want the items... so, I want to "encourage" them to make an effort. I feel we can settle this without going to court...which I would, if I had to.

I was planning on sending a nice letter to the mother. Explaining my options. I would explain the steps I would have to take if I did recieve my items or a refund... Is that a bad idea?

Thanks so much, so far!

 

[JETX]

The deal I made was with son and Mother. The son was to supply his mother with the parts for his mother to ship, since he was going to be out of town. So, I believe I would name Both people as liable? Is this correct?

Of course you can argue that in court.... but don't be surprised if the court sees through this tactic. Simply, the 'shipper' can't be liable for not shipping!!

Is this easily done, from her side. Could she file this by mail, or would she have to go to county/court office?

Easily done.... by mail.

 

[StolenfromMich]

Thanks JetX,

One more question,

Is sending a letter recommoded or not...could I get myself trouble if it goes to court?

 

[JETX]

Is sending a letter recommoded or not...could I get myself trouble if it goes to court?

Though it probably would not be detrimental to your claim, it depends entirely on what you say in the letter.