Sue Out of State Online Company?

[mcowman]

What is the name of your state? Alabama

My husband bought a bottom end kit and some other items for his performance car from a company online. He paid for it through paypal out of our checking account. I have the recipts for that as well as from our bank account. This was January. The company stated it would be 6 weeks. They kept prolonging it with different excuses (all on saved emails) then the company directs him to another company. I have that company's address and phone number. Of course they also had excuse after excuse. Finally said it woudl be sent out 1 June. We have not recieved it and after many emails stating we need the parts or money back, we have not heard from them. My hisband gave them 10 days (stated in emails). The amount is for 2005 dollars. Do I file for small claims, here in Alabama or in the state of the 2nd company Indiana? I do not know where the first company is located although I am sure I can find out? And do I bring both companies into it? Any of info would be great.

Thanks for the help, I would like to get this resolved quickly. The car has been on blocks awaiting the kits for almost 7 months now.

Michelle

[JETX]

Unless you have something in WRITING from the second company where they agreed to accept the liability of the first, sue the first company (the one who actually got your money).
You can sue them in your home state, but the defendant has the right to challenge the venue (jurisdiction of YOUR state in the transaction). If they do, then you will have to be prepared to show the court that the 'deal' was done over the internet.... but was 'created' on YOUR computer at YOUR location.
If you get a judgment in your state, you will then have to domesticate it into his state... to be able to try to reach any non-exempt assets that he MIGHT have.
Do you KNOW that he has anything worth taking and auctioning off if you were to win??

[I AM ALWAYS LIABLE]

My response:

"Uh, duh, is this going to cost me a lot of money, uh, JetX? Can you, like, uh, take me through all the steps for free?"

I can hear her now, JetX, saying to her husband, "I barely understand a word that this guy, JetX, is saying, but I think he's saying, we've been screwed."

IAAL

[mcowman]

I don't think that was necessary. All I am trying to do is find out how to sue a company that is not instate. This a free forum, so it is stated. I really don't appreciate that reply, and I believe that it is rude and uncalled for. I am only here to find out what I can do and how to do it like most people here. Please keep unneccessary and unprofesional posts out of this forum, I am sure the majority of the users would appreciate it.

[I AM ALWAYS LIABLE]

[quote=mcowman]


I don't think that was necessary.

MY RESPONSE: Actually, it was.



All I am trying to do is find out how to sue a company that is not instate.

MY RESPONSE: Do you know anything about law, in general? What do you know about "jurisdiction"? Do you have any idea about the complexities about dealing across State lines? Do you know that the amount in controversy isn't enough to interest an attorney? Did you realize that this is going to cost you far more than it's worth?



This a free forum, so it is stated. I really don't appreciate that reply, and I believe that it is rude and uncalled for.

MY RESPONSE: No, I'm sure you don't appreciate it. Your "appreciation" of the problems you've caused yourselves by buying something from someone unknown over the Internet, and across State lines, no less, is also something you can't "appreciate".



I am only here to find out what I can do and how to do it like most people here.

MY RESPONSE: First, you can do nothing. You know nothing about how law works. Second, in order to "do something", you'll need to throw dollars after pennies. It's not worth it. Next time, buy locally, and from someone you can see, feel and touch.



Please keep unneccessary and unprofesional posts out of this forum, I am sure the majority of the users would appreciate it.

MY RESPONSE: I'm sure that you can now "appreciate" my responses. You just didn't like HOW I said it, but my message to you, here, remains the same. That message is, "You're screwed."


IAAL