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OT--What state does one sue in.... (9 replies)
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If someone did all correspondence on a sale of a dog over the internet from a computer in Kentucky, wired money from a "money gram" location in Kentucky to a recepient that picked up the money in California, but has numerous addresses and picked the dog up at an airport in Indiana, what state would the buyer file a lawsuit against the seller in? Would it be in Kentucky since that is where the money was sent from, in California because that is where the money was picked up at, or Indiana because that is where the dog was received?
Thanks.
Susan Griffin |
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I could be wrong, but when I was going to sue for a dog related problem, I was told that the person being sued had a legal right to face the suit in thier own state.
I hope it works out.
Regards,
Windy
Texas |
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The Seller's primary place of business. |
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Birdwing,
Please let us know what you end up finding out.
W |
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I would advise council if the money's are significant, if it's not a lot of money, it may not be worth what it would cost to get it done, thats part of the conmans plan in the first place.
Good luck. |
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If you are going to initate the suit in California, you can do small claims and do almost all of it thru the internet and mail. Small Claims in most courts here is a $7,500 limit. Find the small claims court near your seller, pull up on the net, and they will have instructions of what you are to do. You then can send it to the marshall for service. Then fly out here for the court date. |
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Contact the attorney general of their state, as well, and see if they will help negotiate a return of your money. That sometimes works as well, without any lawyers fees or court case.
Veronica |
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Thanks!
Great place to start. Not exactly what I had hoped for, but if most can be done online, a trip out will be in order only for court.
Susan Griffin |
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Normally it is spelled out in the contract (at least mine and breeders I deal with ) that way the seller does not have to leave his place of business/home to receive their money.
EK |
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CA's small claims court is excellent for justice at a bargain price as long as you have your ducks all in a row when you get your time in front of the judge. Arrive unprepared, which most defendants seem to do, and you're toast. Too bad we don't have anything like that in PA.
SS |
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