Legal Question in Civil Litigation in Iowa

Re: suing a person in a different state for fraud

Please note: I am not admitted to practice law in Iowa.

You have a tough situation on your hands, in my opinion. There MAY be sufficient contacts with Iowa that you could sue the seller in Iowa, perhaps even in small claims court. However, you still have to enforce the judgment. You could also sue in NY, but that means either having to go there or getting a lawyer in NY.

Obviously, all this is expensive, not just in filing fees, but legal fees and travel. You might also engage an attorney to draft a demand letter. That sometimes works. But if they are a complete scofflaw, they'll ignore it. We do have an attorney in our office licensed in Iowa.

You might also see what remedies the auction service provides. The only remedy they might have is to ban the person from putting other products out for bid.

These aren't great alternatives. Please let me know if I can be of further assistance.

Thanks for writing and good luck.

Best regards,

Todd D. Epp, Esq.