Need advice on Out-of-State Small Claims Court!!!! Need help fast!!!

[Linhardt]

I purchased a computer online from Excite.com auctions from a company called CCT Systems which is based out of Lewistown, New York. I paid $1036.95 via PayPal directly to CCT Systems. To this date I have not recieved my computer, nor my money back. I believe this company is now defunct because thier phone has been disconnected and the webpage is gone. They have emailed me several times stating that my computer is on the way and still in the works and also I have had several conversations with the owner on this. He keeps telling me lies on delivery dates, etc. Is there anyone that can tell me how to handle this situation? I live in Missouri and I assume I will have to take the owner to small claims court in NY. How will I have to deal with this? Do I need any attorney since I cannot go to New York? Can I get compensated for all my expenses incurred? How does this process work on out of state law suits? I just want to get my money back! It took me a year to save up for it and now it is gone! I do not have the money to hardly hire an attorney and I do not want to loose $1036.95! If anyone could help me please post here or email me at [email protected].
Thanks You!!


[Edited by Linhardt on 01-30-2001 at 12:16 PM]

 

[I AM ALWAYS LIABLE]

I purchased a computer online from Excite.com auctions from a company called CCT Systems which is based out of Lewistown, New York. I paid $1036.95 via PayPal directly to CCT Systems. To this date I have not recieved my computer, nor my money back. I believe this company is now defunct because thier phone has been disconnected and the webpage is gone. They have emailed me several times stating that my computer is on the way and still in the works and also I have had several conversations with the owner on this. He keeps telling me lies on delivery dates, etc. Is there anyone that can tell me how to handle this situation? I live in Missouri and I assume I will have to take the owner to small claims court in NY. How will I have to deal with this? Do I need any attorney since I cannot go to New York? Can I get compensated for all my expenses incurred? How does this process work on out of state law suits? I just want to get my money back! It took me a year to save up for it and now it is gone! I do not have the money to hardly hire an attorney and I do not want to loose $1036.95! If anyone could help me please post here or email me at [email protected].
Thanks You!!


[Edited by Linhardt on 01-30-2001 at 12:16 PM]

My response:

You're going to get a big lesson on :

1. "Why I should never buy anything through the Internet".

2. "Why jurisdiction is a big problem".

3. "Gee, if I had known this, I would have purchased locally".

Since you have no money for an attorney, it appears you're the one who's going to be doing all the work, all the reading, and all of the potential litigation.

Go to a large bookstore and buy a book about Small Claims court - - preferably one that discusses New York law, because that's where this matter is going to be handled. However, I'm sure that such a book from MO will also guide you in "out of state" lawsuits.

Good luck to you, but I have a strong suspicion that you're going to look at the book, throw up your hands because you don't understand what is required, and say, "Oh well, this is just one more life experience I'll learn from".

Good luck.

IAAL

 

[JETX]

Co-incidentally, I have a little experience with this one.

Since you used PayPal, was the seller a 'verified' member? If so, you can file your claim with PayPal and they will attempt to resolve it for you.

Also, if you made payment with your credit card (even through PayPal), you can still dispute the purchase with your card issuer when the bill comes. Send the credit card company a 'Dispute letter' and they will do a charge-back to the sellers merchant account.

Have you checked with Excite auctions to see if they can do anything?? Some of the auction boards (eBay for example) have a fraud policy in effect for your purchases.

Another thing to do, is to find out as much as you can about the seller. This includes finding out who the owner is/was for the business, and what type of business it was. If the company was incorporated, you need to contact the state of New York and find out what department is responsible for Corporate Registrations (Secretary of State, etc.). Then contact them and ask for the Registered Agent for the corporation, the date of incorporation and the officers names and addresses. If it is a d/b/a (not incorporated), contact the county clerk where they are located and find out who the owner is for the business.

Now, with that information at hand, you do any or all of the following:
1) Contact the sellers local Police department and file a theft complaint. Talk with one of the supervisors (Sgt or Detective). They will try to blow you off as out of town, etc., but tell them the crime occured in their jurisdiction since the money was delivered there. INSIST that they take a report and find out who it is assigned to. Then continue calling the assigned officer so that he doesn't 'forget about it'.
2) Assuming that the US Mail was involved, you can file a mail fraud complaint with the US Postal Inspection service.
3) You can even contact the local media (yours and his) and see if the 'consumer reporter' is doing a story about fraud and scams on the internet (almost all of them seem to be).

Hope that some of this helps...