My not so good fortune

[IBelieveIt]

What is the name of your state?What is the name of your state? Alabama

I bought an item from a friend of a friend that lives in the same State just another Town.

The item cost $535.00. I didn't have enough in the household account, so I used my husband's account. His name is the only one on this account so I signed his name (I had his permission since he was out of town).

The seller and I have the same bank so the check was cashed and not deposited. Well, the item was never mailed to me and it has been 2 months and the check has gone through.

I have not been able to get a hold of the seller to find out the status of my item. It was in need of some repair and was to be shipped very soon.

What can I do to get my money back?

Is this amount of money even worth small claims court?

 

[seniorjudge]

What is the name of your state?What is the name of your state? Alabama

I bought an item from a friend of a friend that lives in the same State just another Town.

The item cost $535.00. I didn't have enough in the household account, so I used my husband's account. His name is the only one on this account so I signed his name (I had his permission since he was out of town).

The seller and I have the same bank so the check was cashed and not deposited. Well, the item was never mailed to me and it has been 2 months and the check has gone through.

I have not been able to get a hold of the seller to find out the status of my item. It was in need of some repair and was to be shipped very soon.

What can I do to get my money back?

Is this amount of money even worth small claims court?

Sure, go after the bad person in small claims court.

 

[IBelieveIt]

Thanks for the advice, but would it be worth my trouble and cost.

 

[seniorjudge]

Thanks for the advice, but would it be worth my trouble and cost.

I believe you are the only human on earth who could answer that question.

 

[IBelieveIt]

Alabama
Thanks again.
I have no idea how much the process would cost. More than $500.00..less?

The google searches I have done are not much help.

Would there be any other options?

What would any of you all do in this case? Other than not do it in the first place.

 

[Happy Trails]

Alabama
Thanks again.
I have no idea how much the process would cost. More than $500.00..less?

The google searches I have done are not much help.

Would there be any other options?

What would any of you all do in this case? Other than not do it in the first place.

I haven't seen it cost anywhere near $500.00. If you win judgement most (if not all) states allow you to recoup your filing fee (from the defendent). Google doesn't bring up enough specific information for your state (well, I wasn't finding it). It would be best to contact the court house for specifics.

http://www.filmore.net/smallclaims.html

http://www.alabamalawyers.com/smclms.htm

http://www.alabamalegalservices.org/articles.cfm?typeID=Know&ArticleID=ART040601100510

http://www.alacourt.gov/Forms/SmallClaims/

http://www.small-claims-courts.com/small-claims-court-procedures.html

 

[seniorjudge]

I haven't seen it cost anywhere near $500.00. If you win judgement most (if not all) states allow you to recoup your filing fee (from the defendent). Google doesn't bring up enough specific information for your state (well, I wasn't finding it). It would be best to contact the court house for specifics.

http://www.filmore.net/smallclaims.html

http://www.alabamalawyers.com/smclms.htm

http://www.alabamalegalservices.org/articles.cfm?typeID=Know&ArticleID=ART040601100510

http://www.alacourt.gov/Forms/SmallClaims/

http://www.small-claims-courts.com/small-claims-court-procedures.html

http://www.alabar.org/

Ask those folks if they have any info on using small claims court.

Also (obviously) make sure bad person has money or assets; otherwise your judgment will not be worth a hoot in Mississippi....

 

[IBelieveIt]

WOW! Thanks for the replies.

 

[IBelieveIt]

Alabama

I need more advice
I have made contact with the "would be" seller and and asked about the item. I was told that it was taken to a friend's house for inspection and was never returned.

I asked about a refund and was told the money was spent and there was none to replace it.

When I mentioned Small Claims Court I was told "Go ahead, I have no money, my car is financed, I don't own a home, I am not employed and the property I own has a lein on it and I will never sell the property.

Can I go to the bank and retract the check even though it was cashed and it cleared?

Please Please tell me of other options.

 

[seniorjudge]

Alabama

I need more advice
I have made contact with the "would be" seller and and asked about the item. I was told that it was taken to a friend's house for inspection and was never returned.

I asked about a refund and was told the money was spent and there was none to replace it.

When I mentioned Small Claims Court I was told "Go ahead, I have no money, my car is financed, I don't own a home, I am not employed and the property I own has a lein on it and I will never sell the property.

Can I go to the bank and retract the check even though it was cashed and it cleared?

Please Please tell me of other options.

Q: Can I go to the bank and retract the check even though it was cashed and it cleared?

A: That would be called by that quaint phrase "stealing".


Best to chalk this up to experience....there's nothing you can do because you did not try to protect yourself from the beginning.

 

[IBelieveIt]

I am back again for more help. I just wish I would have been directed to this sight in the first place.

I told my husband about what the options in this situation. He said that he is going to deny that he gave me permission to sign his name. He thinks this will get the seller in trouble for cashing a falsely signed check.

He also thinks it will get the bank in trouble for not matching the signature on file, there for making the check void.

Please advise me before he opens this can of worms. Thanks.

 

[seniorjudge]

I am back again for more help. I just wish I would have been directed to this sight in the first place.

I told my husband about what the options in this situation. He said that he is going to deny that he gave me permission to sign his name. He thinks this will get the seller in trouble for cashing a falsely signed check.

He also thinks it will get the bank in trouble for not matching the signature on file, there for making the check void.

Please advise me before he opens this can of worms. Thanks.

Has your husband tried to get you sent to jail at any time in the past?

 

[IBelieveIt]

Has your husband tried to get you sent to jail at any time in the past?

Not to my knowledge and I don't want him to start now.

He now wants to drive to their home and demand the item or the money. He is willing to take a police officer with him, because he has email proof of this transaction. Is this a possibility?

 

[seniorjudge]

I am back again for more help. I just wish I would have been directed to this sight in the first place.

I told my husband about what the options in this situation. He said that he is going to deny that he gave me permission to sign his name. He thinks this will get the seller in trouble for cashing a falsely signed check.

He also thinks it will get the bank in trouble for not matching the signature on file, there for making the check void.

Please advise me before he opens this can of worms. Thanks.

So your husband wants to file charges against you for forgery?

 

[IBelieveIt]

So your husband wants to file charges against you for forgery?

I hope not

Here is a new development in my sad case.

The seller states that the package was shipped, but the shipping company lost the package.

The seller can not provide any proof that the package was sent and the shipping company has no record of this. Yet the seller insists it was sent and refuses to refund money even though has no proof of sending it.

*Is this new information useful to my case if I file in Small Claims Court?
* Would this make any difference in a judges ruling?
*Am I just out of luck even with this new information?

Please help...again