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Need some advice on a potential lawsuit
- Thread starter ercanbas
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you have grounds to file a lawsuit but it wouldn't make sense to do so. it would cost you more to sue him than you could potentially win.
NJ courts have no jurisdiction over him unless you can bind him with a long arm statute and say that he is doing business/contracts in the state but proving this with a lawyer would also cost more than you would receive by winning the case.
as a contract case you would likely be limited to your actual damages of 250
the best thing to do is dispute the charge with your bank
Even though it was an internet transaction, unless the documents signed by both parties stated lawsuits were to be handled in your state ... you'd have to serve him and sue him in his state of residence.
Simply filing the paperwork for a small claims in his state, being there in person to file a small claim and coming back the day of trial, and hiring a service company to make sure he is legally served might well cost you $1k.
All to collect $250 if you win.
Sounds like a deal to me.
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These days even if you are suing your neighbor in small claims court, usually it doesn't make financial sense unless you are nearing the state cap.
Plus, if you were really thinking about suing somebody hiring a law firm to run a financial background check on your adversary to see if they actually had the money to make a lawsuit worthwhile might cost you $500 alone. Which is why many times the person with the fattest checkbook usually becomes the only defendant in a civil lawsuit.
Simply filing the paperwork for a small claims in his state, being there in person to file a small claim and coming back the day of trial, and hiring a service company to make sure he is legally served might well cost you $1k.
All to collect $250 if you win.
Sounds like a deal to me.
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These days even if you are suing your neighbor in small claims court, usually it doesn't make financial sense unless you are nearing the state cap.
Plus, if you were really thinking about suing somebody hiring a law firm to run a financial background check on your adversary to see if they actually had the money to make a lawsuit worthwhile might cost you $500 alone. Which is why many times the person with the fattest checkbook usually becomes the only defendant in a civil lawsuit.
How did you pay him? I agree with the earlier poster that the legal system isn't your best bet with a small claim when banks' fraud depts will take it on with a simple phone call.
<--not janitor btw
<--not janitor btw
I'm a 3rd year law student and janitor
But
Not a lawyer
And none of the above should be taken to contistute legal advice
I agree with disputing it with the bank. $250 wouldn't even get you an hour of a good civil attorney's time, you might get 30 minutes for that. Additionally, you'd spend more than that to appear at court in Seattle if you had no attorney (and you'd probably spend more appearing in NJ as well). Disputing it with the bank is really your only option.
Another non-lawyer, and not even an janitor chimes in....
If no papers were signed, even if you were in the same state/province you would have a tough time in small claims court. You have no evidence to show what the $$ were for. It would be your word against the his/hers.
I agree.... court is not your best option here.
If no papers were signed, even if you were in the same state/province you would have a tough time in small claims court. You have no evidence to show what the $$ were for. It would be your word against the his/hers.
I agree.... court is not your best option here.
Um, I hate to throw a wet blanket on all the sage advice, but per your OP, you made a deal, waited a month, and have no results as yet. If that's the extent of it, try contacting them first and determine the cause for delay before you--and all the shade-tree lawyers here--start talking litigation. It's called a reasonable attempt to resolve a dispute, assuming there's even a dispute in the first place. Was there a promise of delivery date, or any schedule whatsoever discussed? Did they promise to begin by a certain date, or provide status reports? Or, did you just essentially send this person $250 on spec?
C'mon, let's be a little realistic here, folks.
C'mon, let's be a little realistic here, folks.
Um, I hate to throw a wet blanket on all the sage advice, but per your OP, you made a deal, waited a month, and have no results as yet. If that's the extent of it, try contacting them first and determine the cause for delay before you--and all the shade-tree lawyers here--start talking litigation. It's called a reasonable attempt to resolve a dispute, assuming there's even a dispute in the first place. Was there a promise of delivery date, or any schedule whatsoever discussed? Did they promise to begin by a certain date, or provide status reports? Or, did you just essentially send this person $250 on spec?
C'mon, let's be a little realistic here, folks.
Told me it would be ready in three weeks from April 18th. I have amicably tried to settle this however I get no word back. I don't want to have to take this any further but I will...