Re: IML: Update: Seller on IML classifieds

["Rob P" <fristpenny@xxxxxxxxxxx>]

In many places you cannot use small claims courts where a foreign 
domiciliary is involved.  In New York City small claims summons' are served 
by the court via regular mail, they will not serve out of state.  You may be 
able to get around this if it's a company or through the commercial part 
because he was "doing business in" whatever state the part was to be mailed 
to.  It's worth checking your local Court and seeing what they can do, but I 
wouldn't get my hopes up. For $155 you are looking at filing fees (small 
claims in NY is cheap $10-15, regular civil court $45 plus process server on 
defendant) plus wasting at least one night to get a judgment that you will 
then have to collect on.  It's not too easy to collect on the judgment if 
the guy is a real scam artist, but if he cashed your check you have a fairly 
airtight case and hopefully the bank he cashed it at.

Rob


> From: "Jerry hesch" <jerryhesch@xxxxxxx>
> Reply-To: mailing-list@xxxxxxxxxxxxxxxx
> To: <mailing-list@xxxxxxxxxxxxxxxx>
> Subject: Re: IML: Update: Seller on IML classifieds
> Date: Thu, 28 Oct 2004 21:40:17 -0700
>
> To resolve disputes that typically less than $10,000.00 or $5,000.00 or 
> figures in between most local court systems have a Small Claims court.  It 
> is designed for just such things and is fairly inexepensive and you should 
> be able to recoup your expenses.
> They typically provide you with a mediator and encourageboth parties to 
> mediate on the phone with a skilled mediator guiding the process.
> Good luck.
> Jerry Hesch
> ----- Original Message ----- From: "Rob McCall" <Rob_Mopar@xxxxxxxxxxx>
> To: <mailing-list@xxxxxxxxxxxxxxxx>
> Sent: Thursday, October 28, 2004 8:32 PM
> Subject: IML: Update: Seller on IML classifieds
>
>
> > All,
> >
> > I thought I'd post this incase anyone was interested.  It appears Brandon
> > Arnett has decided to stop responding to my e-mails and will not return my
> > phone calls.  It looks like I'm out $155, and have nothing to show for it.
> > It will be a month on Saturday since this mess started.  I sent a last
> > warning this evening letting him know that I will take legal action if I 
> > do
> > not hear from him by 3:00PM tomorrow.
> >
> > Now, does anyone here have any experience with taking legal action on
> > someone when they have been ripped off?  I'm in PA, and he's in Arkansas.
> > Not exactly easy to pop over to the district justice and file a charge.
> >
> > Thanks,
> > Rob McCall
> > '67 LeBaron
> >
> >
> >
> >
> >
> >
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>
>
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