Legal Question in Technology Law in California

Deal Breaker

I sent a cashiers check to a person for an item they were selling over the internet.

They never sent me the merchandise and will not communicate with me.

I live in CA, they live in NE.

How do I get justice here?


Asked on 3/15/00, 11:48 am

2 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Deal Breaker

There is a question whether the seller can be legally sued in CA. Even if you get a judgment in CA, you will still have to file the judgment in NE and have a NE attorney ATTEMPT to enforce the judgment. Your best bet would be to get a NE attorney.

Second, always use a credit card for internet purchases! IF the seller defaults, you can get the credit card co to reverse the bill.

Ronald J. Cappuccio, J.D., LL.M.(Tax)

Counsellor at Law

(856) 665-2121

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Answered on 3/24/00, 10:38 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Deal Breaker

You should be able to file suit here in California (in small claims court, if you prefer and if the amount at issue is less than $5,000.00). You will then have to enforce the judgment in Nebraska if the other party doesn't pay up, but the cost of doing so can be recovered from them.

I can talk to you about writing a demand letter if you like.

By the way, this sort of problem is why internet purchases should usually be carried out with an escrow company unless the seller is someone you can trust, like an established retailer.

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Answered on 3/23/00, 8:07 pm


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