Bought item from out of state business, never got item

[jtls66]

What is the name of your state? Connecticut
I purchased an item from an out of state business, and I never got the item. The item was approx $2000. The only way I think I can have a chance of getting my money back is through court. Do I have to travel to this person's state (California) to represent myself in court? I can hire a lawyer in that area to go in place of me, but can you give me a rough idea what it may cost to get a lawyer to go to court for me? I mean are we talking a few hundred dollars or significantly more for a small claims court representation? I have to balance the cost of the lawsuit with the amount I am seeking the return of. It may not be worth it. What type of lawyer would I hire? A general practice lawyer? Thanks for the advice.

 

[BL]

In what way was the merchandise paid for ?

How was it to be delivered,and was it insured ?

There are a couple of avenues to take depending on the answers to these questions.

You have to file small claims in the location of that business.You can-not send a lawyer in your place.You can have a lawyer present with you however.

 

[JETX]

Actually, this is pretty clear....

"I purchased an item from an out of state business, and I never got the item. The item was approx $2000. The only way I think I can have a chance of getting my money back is through court. Do I have to travel to this person's state (California) to represent myself in court?"
*** Presuming that you do not have a 'venue clause' in your purchase agreement, you need to go after him in HIS home state court.

"I can hire a lawyer in that area to go in place of me, but can you give me a rough idea what it may cost to get a lawyer to go to court for me?"
*** Nope. Attorney prices are not set and you may find one for $100 per hour and may find others for $300+ per hour. And since no one knows ALL the details of your case, we can't even speculate the number of hours it may take.

"I mean are we talking a few hundred dollars or significantly more for a small claims court representation?"
*** Probably less than $1000.00.

"I have to balance the cost of the lawsuit with the amount I am seeking the return of. It may not be worth it. What type of lawyer would I hire?"
*** Hopefully a licensed one.

"A general practice lawyer?"
*** Yes.

"Thanks for the advice."
*** You're welcome.

 

[jtls66]

answers to a few questions

I paid for the item with an internet payment service, because they are supposedly secure, but that did not work because I never got the item. It was not insured (though I paid to insure it) so likely it was never sent. It was suppposed to be sent US mail. So I have to fly to CA for small claims court? There is no other way? Can I add any travel expenses to my lawsuit? After I file the lawsuit will the court try to mediate the lawsuit and reach a settlement before going to court? The courts must see these cases more and more with the internet and purchases being made from out of state.

 

[JETX]

"So I have to fly to CA for small claims court?"
*** Yes. You can file your claim long-distance (by mail) but will have to appear to present your case.

"There is no other way?"
*** Of course there are 'other ways'. You can hire Vito to make a visit and crack a few bones. Or maybe you can visit a local (to your area) voodoo queen who can caste a spell against him until he repays you. Heck, you might even be able to file a complaint with his local PD to for theft. But if you want a legal method with some 'teeth', you are left to filing a lawsuit.

"Can I add any travel expenses to my lawsuit?"
*** No.

"After I file the lawsuit will the court try to mediate the lawsuit and reach a settlement before going to court?"
*** They might. Depends largely on the court.

"The courts must see these cases more and more with the internet and purchases being made from out of state."
*** Yep. A LOT of people are putting themselves in a position to get taken. For example, this entire situation would never have happened if you had paid the small extra amount and had an escrow service in the middle.
https://www.escrow.com/index.asp
http://www.auctionescrows.com/
http://iescrow.com/

For more:
http://www.ftc.gov/opa/2003/04/bidderbeware.htm
http://www.pueblo.gsa.gov/cic_text/computers/internet-auction/internet_auctions.htm

 

[stephenk]

did you pay by credit card? If yes, make a claim with your card company to dispute the charge.