• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Please help?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

Stinnie1222

Guest
What is the name of your state? New York

I need help. I need to know what i can do. A couple of months ago my boyfriend was in a car forum on the internet, and he was posting back and forth with a kid that said he had a front clip of a car that he was selling. So my boyfriend contacted him over the phone and made arrangements to purchase the front clip of the car for $2300.00 and we sent the kid a western union. Now months later we still haven't received the clip, the kid keeps dodging our phone calls, and anytime we do get him on the phone he gives us the run around. What can we do. We live in New York and the kid lives in Arizona ( we think, that is where we sent the money) But on our phone bill it states Washington. We cannot afford to just let go of the money. Please Help? Thank you!
 


BL

Senior Member
I'm not sure other than hiring an attorney where he lives to file a suit,but that would not be worth it.

Print out the Important post . from the net.

Maybe consult an attorney, and have them send a Letter to the other Person.

There maybe something else you can ,do ,if so I'm sure someone else will respond.
 

divgradcurl

Senior Member
You could sue the kid in small claims court for the money. Two problems:

1. You'll have to figure out where the kid lives in order to properly serve him;

2. You'll have to sue him in the small claims court in the state HE resides in.

This is the trouble with doing business across state lines.
 
S

Stinnie1222

Guest
Thank you. I was just wondering if we would have to be present in small claims court or could a lawyer do it for us since it is so far away?
 

divgradcurl

Senior Member
It depends on the rules of the court in the state in question -- many small claims courts do not allow lawyers at all. In any event, you'll need to be there to present your side of the story.
 

BL

Senior Member
That's why I said It probably wouldn't be worth pursuing the small Claims avenue.

If I'm not mistaken, there are Laws on Interstate transactions via the Internet. I don't know if they apply to individuals or not.

You might want to check in a Consultation w/ an attorney for about $50.00 as I stated.At the very least they could send a Demand letter for payment or else ?? The other party would have no way of knowing if you would come to another State to sue him.
With a Letter from Attorney, he just might pay up. Also If there are other Laws that would apply that Attorney should be able to advise you.
 

JETX

Senior Member
Okay, since the answers you got so far are NOT correct, lets try to give you some ACCURATE answers.

First, you are screwed.... big time. And here are the reasons:

1) Your post says this is "a kid". How old is this 'kid'?? If he is under 18, you can't sue him as a minor.... even if you could find him.

2) Your payment was sent by Western Union. That is the FIRST of many things that should have screamed DO NOT DO THIS!!! Western Union is used by lots of frauds and scams since it is NOT federal mail fraud.

3) This was done interstate. As such, even if you could find him (you won't be able to), you would have to take any legal action against him in HIS state. And that would only be viable if you could confirm that he actually had anything to try to go after (also unlikely).

Your ONLY chance at any satisfaction at all would be to contact the local police (where HE lives) and see if they will accept a theft or fraud charge against him. If they do, file your complaint, have it notarized and send it to his local PD. Then, call them every week to make sure that they are still working it.

Forget any chance of recoverying the money. Assuming that this front 'clip' is worth far more than the $2300 and he felt that he was getting a 'really good deal', your boyfriend was blinded by his own greed and allowed himself to get taken.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top