Who should we put down as defendant/ punitive damages?

[Mikey&Abby]

We live in Missouri but the person/corporation we are suing is in Illinois.

Here's the situation:

We purchased a machine on ebay for just under 13K and found out later that the machine has a serious engine defect. He mentioned in the auction that the engine is newly rebuilt with low hours and in great condition. Not long after purchasing it and getting it home, I was sorting through receipts on repairs that had been done to the machine and noticed that it just came back from the shop days before he listed it on ebay. The mechanic noted that the engine would need to be torn down to determine what the problem was. So in short, he knowingly sold the machine with the defect. It would have greatly affect the machine's value and bidding price if he had disclosed it in the auction.

I brought this matter to his attention telling him that he knowingly sold me a defective machine and he emailed me back and said "he has no problem paying for the repairs". However, he never sent me payment.

He operates as a corporation in Illinois. The bill of sale that he gave me listed his corporation as the seller. However on ebay, the name registered is his name not the corporation. In the auction, he made it clear that the machine was used in his business.

1. In this case, who should we put down as the defendant when we file? The corporation, him or is it even possible to sue both? What's our best option so it would be easier for us to collect the judgment.

2. Since he knowingly sold this defective machine and I can prove it, can I collect punitive damages and how much should I seek? Does the judge automatically awards it or do I have to ask for it?

Thanks
Mikey & Abby

 

[moburkes]

Why are you filing a lawsuit? How do you expect him to pay for repairs, when 1. you haven't given him an estimate or 2. you haven't given him a repair bill?

 

[Mikey&Abby]

Why are you filing a lawsuit? How do you expect him to pay for repairs, when 1. you haven't given him an estimate or 2. you haven't given him a repair bill?

I emailed him a scanned copy of the estimate of the repairs.

 

[moburkes]

I emailed him a scanned copy of the estimate of the repairs.

I suppose that would have been nice to include in the original post. Has he at least responded? How did you pay for the item?

 

[Mikey&Abby]

Can somebody please give answers to my 2 questions above?

 

[FlyingRon]

He operates as a corporation in Illinois. The bill of sale that he gave me listed his corporation as the seller. However on ebay, the name registered is his name not the corporation. In the auction, he made it clear that the machine was used in his business.

Ebay doesn't register businesses, just people (who may represent businesses).

1. In this case, who should we put down as the defendant when we file? The corporation, him or is it even possible to sue both? What's our best option so it would be easier for us to collect the judgment.

You can sue them both.

2. Since he knowingly sold this defective machine and I can prove it, can I collect punitive damages and how much should I seek? Does the judge automatically awards it or do I have to ask for it?

You only get what you ask for. You better check the limits on the damages that can be awarded in the small claims court in which you are bringing the action. Many don't allow punitive damages and you need to make sure that you aren't exceeding the cap on your actual damages.

 

[msiron]

Search Google using his business name, reverse address (where the return address was on the delivery), reverse phone number, email search etc...

DBA's in Illinois, this may help to find his name?

idfpr.com/DPR/licenselookup/default.asp

 

[Mikey&Abby]

Ebay doesn't register businesses, just people (who may represent businesses).

You can sue them both.

You only get what you ask for. You better check the limits on the damages that can be awarded in the small claims court in which you are bringing the action. Many don't allow punitive damages and you need to make sure that you aren't exceeding the cap on your actual damages.

Thanks for your reply! Can I name both in the same lawsuit or do I have to file separately? Yeah, I just found out that you can't sue for punitive damages in Illinois.

 

[seniorjudge]

Thanks for your reply! Can I name both in the same lawsuit or do I have to file separately? Yeah, I just found out that you can't sue for punitive damages in Illinois.

Sue everyone you can think of for everything you want in one lawsuit.

Multiplicity of litigation is not favored by courts.