Legal Question in Consumer Law in California

Goods never delivered

I would like to know what recourse I have with a business in Cali. that I bought a large $$ item from and they never delivered. I paid using my AmEx, but the guy strung me along for so long I wasn't able to re-coup my losses even with Amex (they said it was over 6 mths). I am out approximately $5k. I can no longer get in touch with the business, nor can I find them anywhere. This happened in Oct '02. What is the statute of limitations before I can no longer file a claim ? Also would I need to hire a Pvt. Investigator to find the individual/business or could the courts do that ? Would it be best to go to small claims court in Cali (I live in Tx) or should I go here to file ? Any advice is much appreciated.


Asked on 4/14/04, 10:23 am

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Goods never delivered

Go to a database company like knowx.com and look up the registration records for the business. Then you could sue them in a CA small claims court, go to nolo.com for books on how to do this. Maybe your local TX courthouse has a small claims court and can tell you how to sue there, and serve the defendant in CA.

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Answered on 4/14/04, 10:30 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: Goods never delivered

There is a 2 year statute of limitations. the courts will not locate the seller. You have to do this. Once found, you can sue in small claims. Good luck.

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Answered on 4/14/04, 10:42 am
Peter Bradie Bradie, Bradie & Bradie

Re: Goods never delivered

You have two years in California on an open account. Four years on a contract.

You may have serious jurisdictional problems suing in Texas. I would recommend contacting a California attorney that handles collections in the area where the con artist was operating, and I'd also contact both the Federal Trade Commission and the California Attorney General's office, because you may have fallen victim to a scam.

If you recall the URL, check with Whois to see who owned that domain name.

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Answered on 4/14/04, 10:47 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Goods never delivered

If the item was to have been delivered to Texas, then a breach occurred there and you can sue there. You can also sue in California if you prefer. What's the name of the company? You can check this URL http://kepler.ss.ca.gov/list.html to see if the business was a Corporation registered in CA. If so, that site will provide you with contact information for its registered agent for service of process.

Many consumer protection statutes allow attorneys fees for cases such as yours. I'm not sure if your case fits, but there's a chance.

Best of luck,

Ben

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Answered on 4/14/04, 11:01 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Goods never delivered

Well there is the fraud which is 3 yeal statute. Oral contract is 2 years, Written contract is 4 years. You will likely need an attorney to accomplish this. What was the item you were going to purchase.

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Answered on 4/14/04, 1:03 pm


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