• 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.

Want to Sue someone Overseas, Help Needed

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

Thedrummer_rpg

Junior Member
What is the name of your state (only U.S. law)? California


Back in February, I got a hold of a person who would make a costume for me for a convention I intended to attend on July 4th Weekend. In the process of talking, I expressed the need to have the costume at least a week prior to the convention, in order to make sure it fits and make any alterations. I paid in full for the costume through Paypal in mid April, bring told it would take about a month and a half. I understood that the man lived overseas in Asia, but was given numerous positive reviews, so I decided to go with him. The agreement was to finish the costume within a month and a half, leaving a week or so for shipping to the states.

Initially, he was very interested in the payment, but after getting it, he became somewhat distant and infrequent with his e-mailed responses. A month prior to the July 4th Weekend, I contact the guy to let him know I would be out of town from the 10th until the 20th on vacation and unable to contact him at all. He told me at that point that he would be finished with the costume by 6/16 and ship it out shortly afterwards. After returning from vacation, I didn’t have a single E-mail from him and became worried. He didn’t get back to me until almost a week later, telling me that due to the weather, he hadn’t been able to paint the costume at all, and that it wouldn’t be ready in time. This of course was an issue because I wanted/needed the costume for the following weekend.

He assured me that it would be finished 10 days from when he contacted me, of course assuming that the weather held up. On July 2nd, I asked for a status update, asking for a time stamp or some proof that the costume had been completed or painted, only to be told nearly 5 days later that the costume would be ready on the 17th. I gave the guy a few extra days, and contacted him on the 20th to see what the status was now, however, he didn’t contact me until the 27th and was now moving shops the second time, and the costume was delayed another 7-10 days.

I paid quite a large sum of money, and I haven’t gotten anything but the run around it seems. I’m tired of dealing with this guy and I feel like he was never building me a costume, instead has stolen my money. I’ve asked Paypal to intervene, but they won’t after 45 days. I would like to sue this guy and get my money back, since I never got my costume that we agreed to have completed for my convention, and even now, I still have nothing to show for it and have kept getting this run around.

However, he is in another country, so I don’t know what I need to do to sue him. As well, I only have an E-mail address, and nothing else. I imagine this guy has a physical address, so that he can be served, but I don’t know how to get it.

Any Help would be Most Appreciated,
Thedrummer_rpg
 


swalsh411

Senior Member
With only an email address and a vague idea of where he told you he lived, you won't get very far. Sorry. What you could do is make sure everybody else in your online community knows not to deal with him and maybe for the sake of his reputation he will refund your money. (doubtful though)
 

Mass_Shyster

Senior Member
The first problem is that a US court may be able to assert personal jurisdiction over him. If he does have any activities in your state, I doubt any long-arm statute would apply. A long-arm statute is a state law allowing you to sue a defendant outside your home state under certain circumstances. Normally, those circumstances involve at least some "minimum contacts" with your state.

the next issue is trying to locate him. You could sue him as a john doe, and once the suit has been filed, you can subpoena Paypal for his information. (Note: Paypal will charge for the research required on their end).

This will probably lead you to his bank. You can then subpoena his bank for his physical address. At that point, you can modify your complaint to include his real name and address.

Even if you sue him and win, I don't think your chances of collecting on a judgment are very good.
 

Find the Right Lawyer for Your Legal Issue!

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