interstate small claims

[scruffy2728]

I ordered an outboard motor powerhead from an individual that lives in minnesota under the pretense that the motor was new ( i have a hard copy of his e-mail stating this )I live in wisconsin my questions are; 1. where do I sue him
(MN or WI) 2. can I sue him for traveltime and expenses.
3. because of the hassle of driving over 22hrs to and from the locations can I also include punitive damages. I have tried to make contact with the individual and he refuses to return contact, to try to resolve this on our own.

thanks

 

[JETX]

Q1) "where do I sue him (MN or WI)"
A1) This one is simple. Assuming he has no seizable assets in your state, you will have to sue him in his state if you want to enforce your judgment.

Q2) "can I sue him for traveltime and expenses."
A2) Generally, no. These are non-compensable expenses unless specifically provided for in a contract. I assume you did not have a contract in place. (NOTE: Next time that you purchase ANYTHING that would require expenses to litigate, make sure you have a contract or written agreement providing for recovery of travel and litigation expenses!)

Q3) "because of the hassle of driving over 22hrs to and from the locations can I also include punitive damages."
A3) Again, no. And in most states, the Small Claims courts do not provide for punitive or exemplary damages.

Q4) "I have tried to make contact with the individual and he refuses to return contact, to try to resolve this on our own." (I know, not really a question)
A4) This should give you a clue as to the likelihood of resolving this (or even the lack of ease in enforcing any judgment that you might get). This deadbeat knows he scammed you and is trying to avoid you. It will not be easy getting money from this guy, even with a judgment.

Suggestions: Contact his local Police Department. See if they will accept a fraud complaint from you (You might need to send a notarized affidavit detailing the complaint). The seller might just change his mind if he has a warrant issued for him (or even the threat of same.. hint!). Another thing, you might consider contacting the local media (print and TV). See if you can talk with an 'investigative' or 'consumer' reporter. They love these stories of internet scams and fraud!! Finally, if the US Mail was used at any time (sending payment, delivery, etc), then you can contact the US Postal Inspection service and file a Mail Fraud complaint at: http://www.framed.usps.com/postalinspectors/welcome.htm

But first, I would be sure to send him notice (Certified RRR) detailing your issues and what you expect him to do. Include what you will do (see above) if he fails to respond in 10 days from receipt. Then if he doesn't respond, decide your next step.