computerfreek12
Junior Member
What is the name of your state? California
I think I'm about to take a case to small claims court, but I've got a few issues that I'm not sure what to do with. Here's the story:
Back in September 2006, I responded to a classified ad listing an item. The person selling the item was from out of state, but said she had a brother-in-law who would be handling all "face to face matters". I didn't consent to this, but she went ahead and gave him my contact information, and he called me that night, and I foolhardedly agreed to meet up with him locally and arrange a cash transaction for the item being sold, where upon he would ship it to my address.
I paid him in cash, and he signed a contract (although it neglects having my name or signature on it, my fault) stating that HE was accepting the money and HE would give me the item in return.
A long story after this, but essentially the item never arrived, and he has been giving me the end-around, including false business addresses, phone numbers, and a false package shipping number (the shipment never existed, according to FedEx). Finally, he said that since he was just a middle man, he had no liability and signed an agreement waiving his liability to his out-of-state sister in law (who I have no evidence of actually existing).
Several questions:
1. How do I find this guy's address? He's given me several false business addresses thus far. His given name appears to be real, and I have his driver's license number and the license plate for a car (although this is a rental). I tried the tax assessor and recorder for several counties within the area, and they didn't turn anything up. Since I have the DL number, could the DMV help?
2. I used an abbreviated version of my name (ex. legal name is "John Michael Doe", and I used "Michael Doe"), simply as a precaution in dealing with buy/sell transactions like this. I did eventually reveal this and my actual legal name to the person, after he accused me of trying to "scam" him for damages and cut off contact. Will this have any ramifications in court (I only plan on getting back the original amount I paid him)?
3. Can someone legally sign a paper that "waives" their liability? I'm basically dealing with a middle-man and a supplier - his story is that the supplier didn't come through and that's not his problem, but I never had any agreement with the supplier (she, if she exists, passed on my contact info and never contacted me again).
4. How much is needed for a "demand" letter? I emailed, called, left several messages that basically demanded a refund or else I'd file a small claims suit. I also asked the person for a mailing address, and he explicitly told me that I could send mail to him there. I sent out this letter the next day after he told me I could sent it there, and it got returned to me because he wasn't actually located at that address. For a demand letter, can he claim that he "never got it", when he told me to mail it to a fake address in the first place? Otherwise, I talked to him directly on the phone telling him what I was going to do - will that be enough?
5. How important is it that the contract doesn't have my name/signature on it? I have plenty of other verbal and email acknowledgement of the transaction, so will that be enough?
6. I can sue within my county, right? The original transaction where the contract was signed took place in my county, but as soon as I threatened to sue he said that I'd have to go to the court in his county to do so.
I appreciate any help at all that I can get. Thanks.
I think I'm about to take a case to small claims court, but I've got a few issues that I'm not sure what to do with. Here's the story:
Back in September 2006, I responded to a classified ad listing an item. The person selling the item was from out of state, but said she had a brother-in-law who would be handling all "face to face matters". I didn't consent to this, but she went ahead and gave him my contact information, and he called me that night, and I foolhardedly agreed to meet up with him locally and arrange a cash transaction for the item being sold, where upon he would ship it to my address.
I paid him in cash, and he signed a contract (although it neglects having my name or signature on it, my fault) stating that HE was accepting the money and HE would give me the item in return.
A long story after this, but essentially the item never arrived, and he has been giving me the end-around, including false business addresses, phone numbers, and a false package shipping number (the shipment never existed, according to FedEx). Finally, he said that since he was just a middle man, he had no liability and signed an agreement waiving his liability to his out-of-state sister in law (who I have no evidence of actually existing).
Several questions:
1. How do I find this guy's address? He's given me several false business addresses thus far. His given name appears to be real, and I have his driver's license number and the license plate for a car (although this is a rental). I tried the tax assessor and recorder for several counties within the area, and they didn't turn anything up. Since I have the DL number, could the DMV help?
2. I used an abbreviated version of my name (ex. legal name is "John Michael Doe", and I used "Michael Doe"), simply as a precaution in dealing with buy/sell transactions like this. I did eventually reveal this and my actual legal name to the person, after he accused me of trying to "scam" him for damages and cut off contact. Will this have any ramifications in court (I only plan on getting back the original amount I paid him)?
3. Can someone legally sign a paper that "waives" their liability? I'm basically dealing with a middle-man and a supplier - his story is that the supplier didn't come through and that's not his problem, but I never had any agreement with the supplier (she, if she exists, passed on my contact info and never contacted me again).
4. How much is needed for a "demand" letter? I emailed, called, left several messages that basically demanded a refund or else I'd file a small claims suit. I also asked the person for a mailing address, and he explicitly told me that I could send mail to him there. I sent out this letter the next day after he told me I could sent it there, and it got returned to me because he wasn't actually located at that address. For a demand letter, can he claim that he "never got it", when he told me to mail it to a fake address in the first place? Otherwise, I talked to him directly on the phone telling him what I was going to do - will that be enough?
5. How important is it that the contract doesn't have my name/signature on it? I have plenty of other verbal and email acknowledgement of the transaction, so will that be enough?
6. I can sue within my county, right? The original transaction where the contract was signed took place in my county, but as soon as I threatened to sue he said that I'd have to go to the court in his county to do so.
I appreciate any help at all that I can get. Thanks.