Legal Question in Business Law in California

Re: laws concerning mail order purchases between states

Where is the company? MA? CA?

Adding on to John Hayes message, I must say that

his suggestion presents a couple of problems:

1. They might never appear (send an attorney to defend

themselves).

2. You might not win anyway, with or without them there

-- your case is no more airtight than their muffler turned

out to be, I'm afraid. Well, I was being funny, but I think

the case as presented so briefly does have a couple of holes

in it, though it might ultimately be a winner.

3. Even if they win, you could potentially have

serious trouble collecting from them. In theory, if

they do business in your state, your state will have

'jurisdiction' over them, but if they ignore the order,

you'd have to go to their state to collect and their

state would want some proof that the judgment had been

obtained fairly, that they either appeared and lost or

at least that they should have appeared (you'd need to

prove you had jurisdiction) and they didn't.

4. Moreoever, I don't know if the small claims court will even accept a case

with an out-of-state defendent. If they do, however, the price of filing is

very low and, overall, and better to take action than just letting it go and

suffering silently. If you're sure you're right, make the effort.

There may be some federal trade laws for just such interstate commerce questions

designed to protect the 'wee people'; I honestly don't know what they are.

Re: laws concerning mail order purchases between states

Since the contract was not breached until the part fell apart in your custody you can sue him in your county. Even though he has cause to file for a change of venue to his state that would take longer than a small claims court case. I would sue him in small claims court in your county for the cost of the part. Good luck.