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[not2cleverRed]

Thanks everyone for your input. I thought I made everything very clear but maybe not.
1. I believe sueing the boyfriend was proper because he was the one who actuall recived the money.
IE: The seller could easily claim she never recived it.
2. I went to pick up the "bed" myself, after many excuses from her. But she gave me the wrong address.
3. I did some good ol fasion Private Investigation myself online and got the correct address of her home which was 1 number off of what she gave me. I also found out where she works. And where the boyfriend works. <---needed for garnishment
4. I talked to the court in her county and she has another case pending for something similar
5. I am not a male, lol... I am female
6. I will go to every lenth, cross every line to make sure justice is served here.
My main concern is venue, where to file...I dont wanna have to re file due to venue...BUT I WILL!

Do you think she made an honest mistake with the address? Or do you think that she did this intentionally?

My take on this is that you have 2 options:
1) She gives you what you paid for,
or
2) She returns the money.

"No refunds" is only for when you actually receive the item paid for. There is no good reason for her to keep the money after the delivery was not even attempted.

 

[quincy]

I probably should mention that the seller potentially can argue improper venue if the small claims suit is filed in Midland, Michigan (in Midland County's 75th District Court) and the seller resides in Harrison, Michigan (Clare County's 80th District Court).

Because the cause of action can be said to have arisen in Midland, home to both plaintiff and one of the defendants, however, I am not seeing the seller would be successful - and, quite frankly, I don't think the seller will attempt to argue venue or even respond to the suit.

Although money was sent to and retrieved in Mt Pleasant's Isabella County, I don't think Mt Pleasant needs to be considered. I suspect that, if the seller was intent from the beginning to scam money, Mt Pleasant was chosen only to disguise the true location of the seller.

 

[RJR]

My main concern is venue, where to file...I dont wanna have to re file due to venue...BUT I WILL!

This will help.

https://www.legislature.mi.gov/(S(i5pamzgqka2h5pmyoclsgzbe))/mileg.aspx?page=getObject&objectName=mcl-600-8415

 

[quincy]

This will help.

https://www.legislature.mi.gov/(S(i5pamzgqka2h5pmyoclsgzbe))/mileg.aspx?page=getObject&objectName=mcl-600-8415

In other words, Midland is a proper venue for filing the suit - as said previously. But this does not prevent the party living outside Midland County from challenging venue. This works to delay the action and increase costs and is likely to fail, but it is a possibility.

 

[RJR]

That is true, the other party can challenge the Venue, as you say, any tactical strategy could prove to be helpful.

 

[quincy]

That is true, the other party can challenge the Venue, as you say, any tactical strategy could prove to be helpful.

There is no tactical strategy. You file where the cause of action arose and/or in the defendant's home county. With two defendants residing in two different counties, you are often best off filing where the cause of action arose. Midland seems proper.

There can be some strategy involved with actions involving interstate and/or internet legal actions, where a filing location must be decided on a variety of factors, including states' differing statutes of limitations and differing relevant laws, and balancing costs of out-of-state actions versus in-state actions, and attorney costs.

In this situation, these are not major factors as the distance between counties is minor and a cost difference, therefore, minimum - and attorneys are not permitted in Michigan small claims courts.

 

[castawayus68]

There is no tactical strategy. You file where the cause of action arose and/or in the defendant's home county. With two defendants residing in two different counties, you are often best off filing where the cause of action arose. Midland seems proper.

There can be some strategy involved with actions involving interstate and/or internet legal actions, where a filing location must be decided on a variety of factors, including states' differing statutes of limitations and differing relevant laws, and balancing costs of out-of-state actions versus in-state actions, and attorney costs.

In this situation, these are not major factors as the distance between counties is minor and a cost difference, therefore, minimum - and attorneys are not permitted in Michigan small claims courts.

well I thought the easiest solution to that would be to sue him in Midland county because that's where he lives and to sue her and Harrison or Clare county because that's where she lives I only have to sue him for the full amount of the money sent via Western Union.
As far as she goes I intend to sue her for the gas that I paid, all filing fees and compensatory damages. Because she is the one that created the ad she is the one that promise to bring the item to me and she is the one who actually breached the contract. Sound legit?

 

[quincy]

well I thought the easiest solution to that would be to sue him in Midland county because that's where he lives and to sue her and Harrison or Clare county because that's where she lives I only have to sue him for the full amount of the money sent via Western Union.
As far as she goes I intend to sue her for the gas that I paid, all filing fees and compensatory damages. Because she is the one that created the ad she is the one that promise to bring the item to me and she is the one who actually breached the contract. Sound legit?

I recommend filing one suit against them both for the full amount of your demonstrable losses.

 

[castawayus68]

And I suppose that would be your personal opinion? The reason I say this is because I do not want him to argue venue if I sue in Clare county and I do not want her to argue venue if I sue in Midland. I actually contacted both courts and both carts said that I could do that if I wanted.it's just going to cost extra filing fees which I'm going to ask for a back anyways

 

[Zigner]

As far as she goes I intend to sue her for the gas that I paid, all filing fees and compensatory damages. Because she is the one that created the ad she is the one that promise to bring the item to me and she is the one who actually breached the contract. Sound legit?

The gas that you put in is not a compensable item, but the additional $50 you paid for his gas is. The filing fees will be included in any final judgment you receive. "Compensatory damages" is an overall term for the other items you mentioned (they compensate you for your monetary damages). If you meant "punitive damages" (designed to punish the other party), they are not appropriate in this sort of matter.

ETA: I agree with Quincy that you might as well sue them both, however, I believe that your actual judgment will likely be against the party you contracted with, with the other party (the guy) being dismissed from the suit.

 

[quincy]

The gas that you put in is not a compensable item, but the additional $50 you paid for his gas is. The filing fees will be included in any final judgment you receive. "Compensatory damages" is an overall term for the other items you mentioned (they compensate you for your monetary damages). If you meant "punitive damages" (designed to punish the other party), they are not appropriate in this sort of matter.

ETA: I agree with Quincy that you might as well sue them both, however, I believe that your actual judgment will likely be against the party you contracted with, with the other party (the guy) being dismissed from the suit.

I personally think that neither party will respond to the suit and the full amount of demonstrable damages demanded will be awarded. It will then be left to collect on the judgment.