Legal Question in Consumer Law in California

Internet Auction Item not Sent

I purchased a bronze sculpture from a CA seller. It arrived damage so I filed a claim with the shipper. It is the shipping companies policy to pick up and inspect the damage on their premises. The sculpture was supposed to be sent to me but instead was sent back to CA. The claim was subsequently denied. I recently found out the item had most of the damage prior to shipment. I would not have filed a claim if I had known this. I've been trying to have another shipping company pick up this sculpture but the seller refuses to let this happen. His contention is since it was sent back to him, it was his. He knows the claim has been denied. He has also told me that he found out what this piece is worth and intents to sell this item again at an open art auction. According to recent auctions, this piece is worth between $18,000 to $38,000. My intention all along is to repair the damage and add it to my collection. How do I get this item back? Do I need an attorney in TX or CA?

Asked on 12/23/05, 12:50 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Internet Auction Item not Sent

It would be helpful to know: how much you paid, where in CA the seller is located, and whether you would rather have the item or your money back.

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Answered on 12/23/05, 1:23 pm

Peter Bradie Bradie, Bradie & Bradie

Re: Internet Auction Item not Sent

You definitely need a California lawyer that practices in the area where the seller can be found.

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Answered on 12/23/05, 1:25 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Internet Auction Item not Sent

From the facts that you described, you should retain an attorney in California. If you file a lawsuit in Texas, you may be fighting to determine if Texas courts even have jurisdiction. Furthermore, any judgment rendered Texas would still need to be registered in California in order to be enforceable in California. Filing first in California will be much more efficient.

Feel free to contact my office for a complimentary consultation.

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Answered on 12/23/05, 1:43 pm

Re: Internet Auction Item not Sent

To get jurisdiction over defendant, a California venue is necessary. Call me directly at 16192223504.

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Answered on 12/23/05, 3:26 pm

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