OT - Legal Question

[slowandsteady]

Anyone know how long I have to start a small claims action against someone (no, not a forum member)? I live in NH and he is in CA. Do I have to file it in CA or can I start the process here in NH? The amount is $2,500.

Thanks in advance,
-Matt-

[sc53]

Did you sell him something in NH? Or did you buy something in CA? Where did the transaction or injury occur? State law controls statutes of limitations for filing claims--check your state's code for stat of lims on tort, contract, fraud, etc, ie, whatever action it is you are considering.

[slowandsteady]

It was an internet/phone/email transaction. I sent him a bank wire in CA and he never delivered the item (a watch) to me in NH.

We had done business previously so he was a "trusted" seller...claimed he got sued for divorce all of a sudden and has never contacted me again or replied to txt, calls, e-mails...

[sc53]

Not sure if your state small claims court would have jurisdiction over this, since transaction may have occurred via wire transfer in CA--but in any event breach of contract claims typically have a 3-yr statute of limitations. NH could be different. Your amount is large enough that you might be able to file a regular civil claim rather than a claim in small claims court. You can get an amazing amount of free info from the clerk's office of your local general district court. Call or pay a visit and start asking questions, and get forms etc. from them.

[Ken Robb]

before you bother with a suit find out if he has any assets for you to get. If he's lost his butt in a divorce there may be nothing left for you.

[harlond]

The limited facts you have provided do not permit an informed answer to your question. Practically speaking, even if you can sue him in NH and even if you get a judgment against him in NH, you're going to have to domesticate your judgment in CAL to collect. A domesticated judgment is not enough to get you the money, you still have to pursue collection procedures, and unless the guy is going to just hand it over, collection can be a time-consuming and expensive process with no guarantee of success. Whether the time and expense of going through all that are worth it for $2,500 (or less, maybe even nothing) is a question you must answer.

[bike22]

you probably won't see a dime.

[slowandsteady]

Even if I don't see a dime I want to make sure others are "warned" and he is damaged goods. This claim will effect his credit for years to come and it will be part of his financial history and legal record. At least he will know that he cannot get away totally scott free when he steals from someone.

My understanding is that because the transaction involved the internet it is a type of internet fraud. As such I can file my claim with the FBI's I3 internet fraud division...again making sure his name is left with a so called black "X".

I am in real estate property management and when we turn people over to collections it sometimes takes years for me to re-coup the money lost. BUT you'd be surprised how many people end up settling with me (via my hired collections agent)...usually they are getting married or trying to buy a house, a car etc. and the collections case is looming large in their lives and hurting them enough to make them pay...I am willing to wait.