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Warant in Michigan for debt on a mailorder transaction

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rsvpdl

Junior Member
What is the name of your state? New Jersey (but being sued in Michigan)

Last year I sold newly factory rebuilt transmisson to a man in South Lyon Michigan via mail order for $1200. The man installed the transmisson in his car himself (without a mechanic) used it for four months and then wrote me telling me that he was not satisified with it. I called the manufacturer and they said to have the buyer ship it back to them. The buyer shipped it back to the manufacturer and then asked me for a full refund. After the manufacturer found nothing wrong with the transmission I refused to give the refund, siting that there was nothing wrong with the transmisson. The customer didn't want the transmisson back and sued me in local small claims court, winning a judgement for $1600 because I could not afford to appear and plead my case in Michigan. Sunsequntly the judgement ended up in Michigan Superior court, where again I could not appear and a warrant was apparently issued. No NJ attourney will take this case as it is Michigan law that we are concerned with. Anyone knowe How I can resolve the matter? Is this judgement legal? The way I see it it was NJ that has jurisdiction not Michigan.
 


I AM ALWAYS LIABLE

Senior Member
rsvpdl said:
What is the name of your state? New Jersey (but being sued in Michigan)

Last year I sold newly factory rebuilt transmisson to a man in South Lyon Michigan via mail order for $1200. The man installed the transmisson in his car himself (without a mechanic) used it for four months and then wrote me telling me that he was not satisified with it. I called the manufacturer and they said to have the buyer ship it back to them. The buyer shipped it back to the manufacturer and then asked me for a full refund. After the manufacturer found nothing wrong with the transmission I refused to give the refund, siting that there was nothing wrong with the transmisson. The customer didn't want the transmisson back and sued me in local small claims court, winning a judgement for $1600 because I could not afford to appear and plead my case in Michigan. Sunsequntly the judgement ended up in Michigan Superior court, where again I could not appear and a warrant was apparently issued. No NJ attourney will take this case as it is Michigan law that we are concerned with. Anyone knowe How I can resolve the matter? Is this judgement legal? The way I see it it was NJ that has jurisdiction not Michigan.

My response:

And the attorneys you consulted are correct. You're wrong when it comes to the jurisdictional basis for Personal Jurisdiction over you. You need to read the United States Supreme Court case of International Shoe Co. v. Washington (1945) 326 U.S. 310, 316, 66 S.Ct. 154, 158.

In short, the Michigan court "got you".

IAAL
 

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