Legal Question in Business Law in California

Re: Fraud

This looks like a case you should win if the facts are as you say, if you have good proof of the facts, and if you don't let filing of suit slip past the applicable statute of limitations.

How do you know the statute of limitations is one year? Did a lawyer tell you, based upon this particular case? Maybe it is, but possibly you are entitled to a longer period. SEE A LAWYER AT ONCE!

Other questions bearing upon what you and your lawyer should or must do are (1) where do you reside and/or bid from; (2) have you paid? (3) who has possession of the machine? (4) what were the written terms of the auction per the catalog or other announcements? (5) how knowledgeable is the auctioneer, the seller and the buyer, i.e. who might be culpable of fraud? (6) what state's law applies? (7) does the party to be sued have a legal presence in your state, presumably California? (8) what steps, if any, has anyone taken since the dispute arose to minimize damages?

There are many other questions.

Reporting the auctioneer to the Interstate Commerce Commission (now defunct) is and was not appropriate. Auctioneers are regulated in most states by licensing boards or other agencies that usually have investigative and disciplinary powers. However, you probably need to bring your matter as a lawsuit in the appropriate state court, and perhaps you must file immediately.

I would be happy to discuss with you by phone, but in any event see some lawyer at the earliest possible date.

Re: Fraud

What you need to do is file a lawsuit immediately to protect your interests. I would hire an attorney immediately and file a lawsuit in Santa Rosa Superior Court and in Federal Court. You can figure out Venue later, right now you need to protect yourself and your right to sue. This sounds like a Fraud case which means a 1 year statute of limitations. It is also a breach of contract which has a three year statute but you will lose your right to punitive damages if you go past the 1 year fraud statute. I can put together a lawsuit within 24 hours if need be. If you are still in need of someone to file this lawsuit for you please contact my office toll free at 877-546-9918. The initial consultation is free and there is no obligation to retain my services. I am in Northern California often so there isn't a problem there. I look forward to your call.

Sincerely,

John Hayes, Esq.