state to state small claims, who goes where?

[JETX]

What happens if/when you get to Texas and the bad guys are gone and/or have no assets?

First off.... if you had taken the time to do a little checking into this CORPORATION, you would have found that they clearly have sufficient non-exempt assets to pursue if a judgment is awarded.
Second..... what even suggests your post would be accurate??

 

[JETX]

And NOW for a legally ACCURATE answer....

I am pretty sure my credit card company will reverse the 455.00 I spent on the part.

I doubt they will. The credit card company will do a 'charge-back' to the merchant. The merchant will then provide proof of shipping the item to you. The credit card company will likely then re-charge you for the item... as it will then be a simple 'civil matter'.

Probably not the shipping.

See above. Credit card company's will NOT 'split' a charge-back. It is either all or none.... as they usually try to NOT get involved in who paid what, for what.

But this may take at least another month! Would you all suggest I go ahead and file small claims now, include that amount, and IF I get it in court I could then notify my credit card company that I won a judgement, pay it, (I am sure they will wave the interest.)

File for all of it.... cost, plus shipping, plus pre-trial interest from the date of charge, plus post-judgment interest (if awarded). You can always amend the petition/complaint later if needed to remove individual claims.

 

[seniorjudge]

First off.... if you had taken the time to do a little checking into this CORPORATION, you would have found that they clearly have sufficient non-exempt assets to pursue if a judgment is awarded.
Second..... what even suggests your post would be accurate??

?
All I did was ask a question....

 

[artmaker]

Hey guys, I didn't see the last few posts here.

I have paperwork together, will drop it off at the court tomorrow morning.
One last question here.

Can I add punitave damages? If so what is appropriate?
The paperrwork for small claims states
" Plantiff's costs are determined by the court and awarded as appropriate. They are not part of the amount claimed."

I know this means leave out court costs. What about punitave?

The total out of pocket for part, shipping, mechanic total 1,043.32
however, I cannot get the part I found and fix the car until this is cleared off my card. My husband has the only working car and he works 50 miles away. THREE times I've had to drive him to and from work to have the car.
I cannot do my usual weekly chores. He has to after work. The extra gas for the 100 mile round trips surely counts for something?
Not to mention the pain in the butt factor.
Do I leave this up to the judge? Tack on what? Double the part price? Even three hundred bucks? What? IF!

Sounds sad but my only experiance in court is ONE case I won years ago against a landlord, and watching daytime tv. I see this over and over. "this is all your seeking...."

Also, I'm not worried about interest on the card. I finally talked to someone there who told me the same you folks since posted. Go ahead and try and claim it now. IF I win, and can immediately pay that part of the bill, they are willing to wave the interest.
They also told me about the company putting charges back even if they reverse them. I don't see how! They now have the part back, AND my money!

Hope one of you is on line today. If not I'll tack on a few extra hundred and hope for the best.

Happy New Year and thanks for all the help.

 

[JETX]

Can I add punitave damages?

No. Small claims court will not hear claims of punitive damages. You would have to file in a court of record to have that heard.

The extra gas for the 100 mile round trips surely counts for something?
Not to mention the pain in the butt factor.
Do I leave this up to the judge? Tack on what? Double the part price? Even three hundred bucks? What? IF!

None of that is relevant. Small claims court will hear your case for damages ONLY.

 

[artmaker]

Thanks,
I had a feeling.

Will just list there things I have receipts for and be happy to get that back.

I'll let you all know how it goes.

 

[artmaker]

There is NO justice!!!!!!

I went to the small claims court today. Finally talked to a lady there who knows her stuff. Basically this isn't even worth trying.
They would have to serve him. He could ignor it. I'd get a default judgment. Good luck enforcing that. They would have to serve him again to find out where his bank is for garnishment etc. Which he would also ignor. And no bench warrant would be served across state lines for a civil case. SWELL!!!!!
She did say this sounds like a criminal case. But face it. Anyone trying to put an old 1991 transmission into an old beater of a car will not have a bathtub full of money to hire lawyers let alone out of state lawyers
and THEY KNOW THAT!!!!!
The smug little na na type emails I have are proof! They know full well there isn't a blasted thing I can do!
Stinking liars, thieves and whores!!!!!
Criminals have more rights than people. It's NOT fair!

Boy live and learn. LOOK UP A COMPANY FIRST!!!! Buyer beware! That's for sure.

Oh I will add my complaint to the TX attorney general. For what good it does. They obviously don't care with FIFTY ONE complaints already.
And I'll add mine to the Better Business Bureau. Too little too late. NO one who looks there first would be a customer. There are plenty more who don't. Like me!

AND! Ha! I am mailing this "story idea" to Dateline NBC! I'd LOVE to see them do one of their hidden camera stories on this.
I can dream at least. I'll be paying off this little venture for months to come!
OH FECES!!!!

 

[JETX]

There is NO justice!!!!!!

Yes there is... you just have to go after it.

I went to the small claims court today. Finally talked to a lady there who knows her stuff. Basically this isn't even worth trying.

That is fine... but I disagree. The defendant is a going business. I have already checked. They have assets that can be grabbed. And since they are a business, those assets are NOT exempt from seizure.

They would have to serve him. He could ignor it. I'd get a default judgment.

Yep.

Good luck enforcing that.

As I said previously, I can almost guarantee that the judgment can be enforced. It is not simple and any costs you incur are added to the judgment.

They would have to serve him again to find out where his bank is for garnishment etc.

Not correct. In fact, you wouldn't need to garnish anything. There are other ways to enforce a civil judgment. And the WILL work against this company. I know because I do them all the time.

And no bench warrant would be served across state lines for a civil case.

Correct.... since there is no such thing. Warrants only apply to criminal actions.... or contempt of court.

She did say this sounds like a criminal case.

I agree... but as a former police officer in the same city where they are.... very likely that they will NOT accept your out-of-state complaint... and will tell you it is a civil matter (which it is).

Your choice.... spend a little money (recoverable) and time.... and nail them... or let them win.

 

[seniorjudge]

Yes there is... you just have to go after it....Your choice.... spend a little money (recoverable) and time.... and nail them... or let them win. ....

Go for it...JETX knows whereof he speaks.

 

[artmaker]

OK, I've calmed down.
And I DO still want to go after these crooks!
But at this point I really honestly don't know what to do or where to start. Small claims sounds like a dead end.
Tried talking to a lawyer here. Forget it. You guys are the best so far. I sat on the phone ALL morning calling lawyers cold. Got ONE near Lancing who was in and willing to talk. His best advice was "if it were 24,000 dollard it might be worth it. But not for a few hundred." Great!

JETX you said
but as a former police officer in the same city where they are.... very likely that they will NOT accept your out-of-state complaint... and will tell you it is a civil matter (which it is).
Your choice.... spend a little money (recoverable) and time.... and nail them...

If they will not accept my out of state complaint, what good will it do to file in small claims? Do I need to find a lawyer IN TEXAS? I can't even find one locally to give advice. Know a good lawyer there? One that doesn't cost a left lung just to talk?

I'd spend the money and time. You betcha. Hard to do when I don't know what to do!
And I'm NOT looking to profit here. Just recover. If legal fees mount and are recoverable, let the lawyer have it ALL! At this point just making them pay would be worth it!

That lady in small claims said there was another who might know more and will be in tomorrow. I'll call her and see if I can learn anything new.

Very frusterated.