Need some advice on a potential lawsuit

Discussion in 'Community Discussion' started by ercanbas, Jun 12, 2009.

  1. ercanbas, Jun 12, 2009
    Last edited: Jan 25, 2014
  2. poopyhead macrumors 6502a

    poopyhead

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    Jan 4, 2004
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    in the toe-jam of greatness (Fort Worth)
    #2
    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
     
  3. Dmac77 macrumors 68020

    Dmac77

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    Michigan
    #3
    Maybe you should ask a lawyer, not random people on MacRumors. For all you know, you could be getting legal advise from a janitor.

    Don
     
  4. steve2112 macrumors 68040

    steve2112

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    #4
    I'm not a lawyer, but I play one on MacRumors!
     
  5. Sun Baked macrumors G5

    Sun Baked

    Joined:
    May 19, 2002
    #5
    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.

    ---

    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.
     
  6. niuniu macrumors 68020

    niuniu

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    #6
    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 :mad: :D
     
  7. poopyhead macrumors 6502a

    poopyhead

    Joined:
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    in the toe-jam of greatness (Fort Worth)
    #7
    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
     
  8. niuniu macrumors 68020

    niuniu

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    #8
    I trump this guy, I've actually graduated :D
     
  9. rhsgolfer33 macrumors 6502a

    Joined:
    Jan 6, 2006
    #10
    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.
     
  10. snberk103 macrumors 603

    Joined:
    Oct 22, 2007
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    An Island in the Salish Sea
    #11
    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.
     
  11. JNB macrumors 604

    JNB

    Joined:
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    #12
    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. :rolleyes:
     
  12. ercanbas thread starter macrumors regular

    Joined:
    Feb 15, 2008
    #13
    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...
     

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