Legal Question in Civil Litigation in Illinois
on line purchase
i purchased something on line and never received my item,after numerous attempts to contact this person he finally responded and said he would refund my money and i have not rec.d it . i live in new jersey and he lives in illinois if i file a claim in nj does he have to come here or to i have to go to illinois? if i have to go to his state is there some other way i can file some kind of charges against him?he was selling through an internet company but they told me it was basically my job is there something i could do to the internet service since i am not the first person he has done this to.
3 Answers from Attorneys
Re: on line purchase
You can contact the police in the town where the seller lives, but unless this was a lot of money or you can establish that he did this to several people, you may be out of luck here.
Re: on line purchase
Whether you can sue him in NJ is a question for NJ law. Probably you can. Once you get a judgment against him in NJ, which he might come and defend or he might just ignore the process, contact an IL lawyer who does collections work to enforce the judgment here.
Shell Bleiweiss
http://www.shell-bleiweiss.com
Re: on line purchase
At some point, I think companies such as eBay will be hit with a sort of a class action for allowing fraud to take place as part of their services and that they even profit from it--the seller who failed to send you your item has paid eBay for the listing.
You can file a claim in NJ--in all likelihood--NJ probably has a "long arm statute" that says if you do business in NJ then you can be sued in NJ. If that is true, you must file a lawsuit, serve the defendant, and then get a default judgment if he fails to defend. So then you will have a judgment.
Collecting judgments is not easy. It costs you several hundred dollars to pursue. After having paid for the filing of the lawsuit in NJ, paid for the service of process, then paid for collection in IL--you will be about many hundred of dollars. Is it worth it? Only you can answer that question.
Or perhaps it is best to learn, flag the seller, report him as a fraud, and go about your life--of course that is based on the transaction not being a huge one. If so, then sue everybody--even the auction company because they are benefiting from fraud.
I hope this helps,
Taradji Law offices