Legal Question in Consumer Law in Illinois

Non-received Goods

How do you sue a private person in another state for goods bought and not delivered


Asked on 3/22/02, 11:22 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Non-received Goods

The question is one of jurisdiction, and "personal jurisdiction" at that. I see that you're located in California and, since you say that it relates to Illinois law, I assume that the seller is located in Illinois.

If the seller does "substantial business" in California or, for example, has an office located there, the California courts will have jurisdiction over the Illinois seller, such that you could file suit in California & the court would be able to hold the seller responsible.

On the other hand, if you ordered the goods by telephone, mail, Internet, etc. because you heard of the seller (and, again for example, the seller does not direct concentrated advertising to California), then the California courts would likely not have jurisdiction over the seller. In such a circumstance, you would have to sue the seller in Illinois. If the amount at issue is relatively significant, you can hire an Illinois attorney to represent you (although you will have to appear in Illinois for trial, deposition and, potentially, settlement conferences). If the amount is not too substantial, then (i) it may not be worth pursuing or (ii) you may want to file suit yourself, pro se.

-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo

Read more
Answered on 3/23/02, 8:40 am


Related Questions & Answers

More Consumer Law questions and answers in Illinois