Legal Question in Business Law in New Mexico
Possible Online Fraud
I sent my project car's engine out to be rebuilt, and I found this guy online who was reasonably priced. So I shipped my engine out to him to be rebuilt and he was very communicative until he received and cashed my check (I know I was dumb to pay with a check but he didnt accept many other forms of payment). Anyway it has been about 3 months, and I still don't have the engine back originally he promised it back in 2 weeks. He has given me one sob story after another. He finally said that he shipped it and provided me with a bill of lading number, that I cant track. He said he used a third party shipper and that they cant locate what carrier they shipped it with. I did some research on this guy and it seems he has ripped people off in the past. I think at this point he is just stringing me along until the business folds. What are my legal recources? What would it probably cost me to do anything? Keep in mind I am in NY and he is in NM. Is there any hope or am I really screwed? Thanks for the help.
3 Answers from Attorneys
Re: Possible Online Fraud
This is a tough spot to be in. If the engine is worth a lot of money, it may be worthwhile to have a New Mexico attorney either send him a letter or file a small claims action against him. If he runs a business, you should also report him to the NM Dept of Consumer Affairs and the Attorney General for NM.
The most important thing in the internet age is to check references, hence the success of ebay. Otherwise, you're in a no man's land with little chance for restitution.
Good luck!
Re: Possible Online Fraud
Just expanding on another lawyer's response. If the engine plus your check is a large amount of money, you can sue in federal court. Alternatively, since he sought to do business with a New Yorker, arguably he has created enough of a contact with NY State that he can be sued here. So you may wish to consult an attorney about whether you can get long arm jurisdiction to sue him locally. Get a judgment here, file it in NM, and have a sheriff execute on the judgment in NM.
One other possible angle. Report this fellow to the police in NM where he lives. If he is prosecuted, many times the D.A. will make a condition of any plea bargain that he has to make restitution to you. That way, you won't have to pay more in attorney's fees then you seek to recover, and you may get the result you are looking for.
Re: Possible Online Fraud
To continue to expand -- I would absolutely contact the AGs' offices in both states as well as the FBI. If this guy is a serial fraudster chances are one or more of these offices already have a file on him and additional complaints can give the prosecutors/investigators what they need to move forward.
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