Full payment-Partial shipment

[Joe45]

What is the name of your state? North Carolina

Six weeks ago I purchased by Cashiers Check ($581) a Harken roller furler drum and foils on eBay from a man in Ft Lauderdale Fl. He sent the drum, but not the foils.

He told me in an email the foils were on the way. A month later nothing. He no longer answers my emails and when I tried to call him, got an answering machine and no reply. Up until this time he appeared to be forthcomming and an honest individual.

However, the furler is usless without the other parts and I am out the $581.

I have discovered that he has a house in Pinehurst, North Carolina. Can I sue for recovery in North Carolina?

Thanks for the help.

 

[janedoe23]

You'll have to go to Florida to take this seller to small claims. Before that you could write a letter and send it certified,restricted mail telling him of your intentions if you do not recieve your items. Sometimes that's all it takes!

The only defense at this time that he might have is he did send it (has proof) and it got lost or damaged and you never purchased insurance. Did you purchase insurance for your item?

 

[Joe45]

Freight insurance

It was not offered. The seller complaned about the cost of shipping, seems he made a mistake in the price. I offered to ship the part I got back to him for a refund and forget the deal, but never heared from him one way or the other.

He claimed to be sending it Fed X, but no tracking number was furnished.

I have a friend in Florida I could stay with. Would be a little vacation. Do I have to file the claim in the same city, or will anywhere in FL do?

 

[divgradcurl]

As far as Florida small claims is concerned, you will need to file in the same county as the defendant.

However, check with NC small claims as well -- because the guy has property in NC, you may be able to sue in NC, and place a lien on the real property that is located in NC.

 

[Joe45]

Thanks for the help.

My questions have been answered. Thanks