Here's a question for all you lawyer types (not related to AS)

[Bulldog_10]

So a while back I sold my computer to this guy...I got the check, and like a moron, I sent my computer out. Well, a week or so later I get a notice from the bank saying that the check bounced. So now this guy has my computer out in Michigan (I'm in Boston) and he changed his phone number, changed his email address, and I can't get in touch with him.

I have all the receipts for the computer still, the bounced check, and about 100 emails from him describing the whole situation.

I just want to know if there is any way to have this guy arrested, or sue him without actually going to Michigan. I've called several police departments in Michigan but they don't really seem to help. They all say that I have to come to Michigan in order to do anything, which makes littl sense to me, since he essentially STOLE my fucking computer. If this guy stole my car and drove it back to michigan, I'm sure there would be something I could do about it from here...so why is it different for a computer? It's worth more than my car ($2000).

I also wanted to know if anyone in Michigan would want to make some cash by helping me find this guy. If anyone helps me get the money this guy owes me, I'll give you a couple hundred dollars.

Anyone with ANYTHING that might be able to help, please just reply to this thread, or email me.

Thanks alot bros!
Bulldog

 

[primetime21]

i practice out here in NY and am not sure what the laws of massachussetts are. However, here is the general idea.

As for getting this guy arrested you would PROBABLY have to fill out a police report which USUALLY requires going to the precinct.

AS for suing him, you would need something called "jurisdiction" over the person. Since the person lives in michigan if you sued him in mass you PROBABLY wouldnt have jurisdiction over him (it would depend on the laws of mass, but you probably couldnt get jurisdiction on the guy). To be a little more specific you would need to prove certain contacts the defendant (or cocksucker in this case) had with mass to allow a mass court to exercise jurisdiction over this guy. It gets a lot more complicated, but odds are you arent getting your moneyback unless you got some big friends in michigan.

You could sue him in michigan. I know it sucks, but thats what happens when you deal with people from out of state. I practice in NY, but i studied in mass, so i would double check mass law.

The things you learn from being a lawyer are, ALWAYS get a reciept and ALWAYS try to get cash or a money order or at least wait till the check clears before sending your stuff.

SIde note, my bro-inlaw sold something to a guy and got a FAKE money order and was screwed out of a grand. LIfe sucks.

 

[Bulldog_10]

i practice out here in NY and am not sure what the laws of massachussetts are. However, here is the general idea.

As for getting this guy arrested you would PROBABLY have to fill out a police report which USUALLY requires going to the precinct.

AS for suing him, you would need something called "jurisdiction" over the person. Since the person lives in michigan if you sued him in mass you PROBABLY wouldnt have jurisdiction over him (it would depend on the laws of mass, but you probably couldnt get jurisdiction on the guy). To be a little more specific you would need to prove certain contacts the defendant (or cocksucker in this case) had with mass to allow a mass court to exercise jurisdiction over this guy. It gets a lot more complicated, but odds are you arent getting your moneyback unless you got some big friends in michigan.

You could sue him in michigan. I know it sucks, but thats what happens when you deal with people from out of state. I practice in NY, but i studied in mass, so i would double check mass law.

The things you learn from being a lawyer are, ALWAYS get a reciept and ALWAYS try to get cash or a money order or at least wait till the check clears before sending your stuff.

SIde note, my bro-inlaw sold something to a guy and got a FAKE money order and was screwed out of a grand. LIfe sucks.

Thanks bro...not what I wanted to hear, but good info nonetheless. I have been talking to a cop out there who has already tracked this guy down once, hopefully he can do it again...and if he does, I think I'd go out to Michigan and take care of this.

Couple more questions...If I did fly out to michigan and take this guy to court...Is there a way to have it scheduled at a certain time? I could only go out there in the summer because of school. And could I add the amount of money that it costs me to get out there to the amount that I am suing him for?

Thanks alot Prime time...I really appreciate the info.

 

[primetime21]

Scheduling will be a problem as well. You first have to file a cause of action against the guy once you track him down. Then they will let you know of a date the trial will be set for. Then you would have to come for that trial date. So getting it all done in 1 summer could be a bitch. The one thing in your favor is that odds are he will never show up for a trial because you have him by the balls with bounced checks etc..

Since i am not familiar with the courts in michigan i cannot vouch for how fast they get things going down there. So you may want to try and do a search and get a number of a courthouse in Michigan and they can probably guide you through the procedure.

Keep me posted on how things go and hopefully i can be of more assistance.

Good luck

 

[Bulldog_10]

Scheduling will be a problem as well. You first have to file a cause of action against the guy once you track him down. Then they will let you know of a date the trial will be set for. Then you would have to come for that trial date. So getting it all done in 1 summer could be a bitch. The one thing in your favor is that odds are he will never show up for a trial because you have him by the balls with bounced checks etc..

Since i am not familiar with the courts in michigan i cannot vouch for how fast they get things going down there. So you may want to try and do a search and get a number of a courthouse in Michigan and they can probably guide you through the procedure.

Keep me posted on how things go and hopefully i can be of more assistance.

Good luck

Thanks alot bro! You've already been a big help. I think what I'm gonna do now is hopefully have that cop I've been talking to track him down again and put a little scare into him at least. Hopefully this son of a bitch just needs a little nudge to get him to cough up the money.

If that doesn't work, maybe I'll just wait another year before I take any action...cuz then I'll be out of school and the court date won't matter.

Anyways thanks for your help prime time...I'll definitely keep you posted!

 

[gsxr600]

is this something similar to the mailbox rule, the contract for the computer was made upon the mailing of the computer, which is performance, and relating back to contract law and the mailbox rule, the contract should be from where acceptance occured. being your home state, correct?


This is how it works in canada anyway.

so that being said, jurisdiction would be from whereever your from.

 

[primetime21]

gsx it doesnt quite work that way here in america. you could bring the action in Mass (kinda like the mailbox rule), but you would need to have jurisdiction over the person y ou are suing. It has to be more than just the plaintiff sending the stuff from Mass.

The laws are different in each state though, but the rules of due process are nationwide and constitutional, which is why bulldog would have a problem.

 

[gsxr600]

Yeah that makes sense, I;'m only first year of blaw, so i dont really know jack shit, i just like to think i do.

sorry couldnt be more help bulldog, I'll ask my prof for you though..heh.

 

[Bulldog_10]

Yeah that makes sense, I;'m only first year of blaw, so i dont really know jack shit, i just like to think i do.

sorry couldnt be more help bulldog, I'll ask my prof for you though..heh.

haha...anything helps bro! I really appreciate anything that anyone can do for me! And anything I can do for you...just let me know.

Thanks again Primetime...you're full fo bad news for me...but it's still appreciated

 

[Natymike]

lol, I knew that "mailbox rule" comment had to be coming from a first year.

As prime said, it all comes down to jurisdiction. You may be able to prove that by doing business in your state, he "availed himself" in your state, and is subject to litigation. But this will probably be a big hassle.

The best solution is to have that cop pay him a visit and scare the shit out of him. If you sue him, do it in small claims court, without a lawyer. Otherwise you will spend 10 times as much as your computer is worth.

Note: wait for the check to clear