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

[thermo]

I might be able to help if you want to get me the information needed to do so.

 

[Bulldog_10]

I might be able to help if you want to get me the information needed to do so.

Thanks thermo...just email me and let me know what info you need...I have lots of it.

[email protected]

 

[steve_n_houston]

I don't know about Michigan, but the cops here in Texas
take check bouncing relatively seriously. Some counties
even have special offices set up to take care of hot check
writers. You might be able to give them a call and get
something going that way. That is if you current police contact doesn't work out.

Good luck!

 

[ironbuddha]

Jurisdiction

Your state should have jurisdiction here. Although I don't practice in your state and would not bet my life on it.

Most states have long arm statutes that allow for jurisdiction where a contract was breached, a tort was committed, or a crime was committed and the effects of which were felt in that state.

Here, you potentially have all three. breach of contract; tort (fraud-intentional misrepresentation) and a crime (most states now make it a low level felony to pass bad checks).

Hypothetically what will happen is this. You sue, serve him, and end up in small claims court. He doesn't answer, you get a judgment against him. You then have to domesticate that judgment into Michigan. You then try to attach his assets, only to find out that the guy's pretty much judgment proof.

Good luck, though.

 

[Bulldog_10]

Re: Jurisdiction

Your state should have jurisdiction here. Although I don't practice in your state and would not bet my life on it.

Most states have long arm statutes that allow for jurisdiction where a contract was breached, a tort was committed, or a crime was committed and the effects of which were felt in that state.

Here, you potentially have all three. breach of contract; tort (fraud-intentional misrepresentation) and a crime (most states now make it a low level felony to pass bad checks).

Hypothetically what will happen is this. You sue, serve him, and end up in small claims court. He doesn't answer, you get a judgment against him. You then have to domesticate that judgment into Michigan. You then try to attach his assets, only to find out that the guy's pretty much judgment proof.

Good luck, though.

Thanks guys...I'm still workin on this fucker...I'll let you know how it goes...(and if i need more help )

Thanks again!
Bulldog

 

[Citruscide]

Well... you would probably be able to SUE him in your state... Speaking of "long arm" statutes... CA has a very liberal one, whereas IL is a little more defined.

As IronBudda stated... There is a breach of K (possible SoF issues, but this is basically a quasi-contract situation), and there is a transaction of business -- in IL, this can be one little transaction of your type... some states, however, require an ongoing series of transactions... that is important.

Let's not forget the whole minimum contacts part... As yourself if the asshole who bailed on your 2K purposfully availed himself of the rights and privledges of your state, and if he could reasonably forsee being brought into suit becausd of his actions... well... he's not paying you, so I can see it reasonable how you'd want your money back... and most states have an interest to protect their own citizens.

There are some other minor issues... but I think the toughest part will be to serve him and then GETTING him there... not only that, but then you'll have to take the court ruling to a court in his state to get it enforced... most likely, against him... which shouldn't be a big deal.

C-ditty

 

[KA-BAR]

I think it would be alot easier to drive there knock on his door.

 

[Bulldog_10]

I think it would be alot easier to drive there knock on his door.

Yeah...if it comes down to that, I'm gonna fly out tehre this summer. At this point I don't even care about the money any more...I just dont want this fuck to think he got the best of me.

 

[Bulldog_10]

A little bump...the cop I've been working with backed out on me...what now? Anyone live in Michigan?

 

[bbkingpin]

Where was the transaction set up? Through a classified ad? E-bay? How did you two come together? Basically, what Citruscide said about the long-arm statue. I think a lot of this stuff is in flux now because of the internet. A friend in law school published in the Law Journal on the role of the internet and the whole minimum contacts thing. It was real cutting edge in '98 but there must be a lot of decisions since then. But, regardless, (Like Citrus said) even if you got a judgment in your state you would have to travel to his state to enforce it against him and his property. I know it is a lot of money to you, but it is not enough to compensate the time and expense of litigating the whole thing. He fucked you, bro.