Originally Posted by thejdge
Ok guys here is what i got going on. Almost 3 years ago, I bought a DANA 60 rearend from Lanny Blankenship from Hasting MI. Paid by western union (i know not smart) had talked to him on the phone a few times. seemed ok. Paid for shipping. After about 3 months of excuses he stopped answering my calls. Never heard anything again for about a year. i saw his sceen name with an add posted. Contacted him and he said he wasw sorry that he had lost my info and i was more than welcome to come pick it up. I told him that i had paid for shipping for a reason as i was unable to pick it up. I filled out the paperwork with the feds. they didnt do anything. i used my local p.d. they called and talked to him and he said he would send the money. and never did. the local p.d. said since it was out of state they could do no more
any suggestions on the next step. he now does not answer any phone calls. and the last message i sent he played dumb
thanks
Jackpot.
Contact MI Attorney General. There is documented case law in State of Michigan that if you do business via the internet that you are considered a business and suable in the plaintiff's home state. Why? because if you are selling goods, you are at a minimum a sole proprietorship (lets assume you are reporting taxes properly), and a business can be sued in a State in which it does business. MI recognized this approach.
Therefore, contact the AG state of MI and let them know that you have a dispute with a local business and give them the info- Then file suit in your state using the MI state case law for support- If they recognize one of their own residents as a business doing business in your state, then you should be able to sue in your homes state.
Now the kicker is finding the statute- I did when I was reviewing case law to beat a Private Injury Attorney (and scammer no less) into the ground on a fraud issue. Yes he caved-because he got caught and I suggested I was going to contact his local Bar on ethics issues
You are going to need a web search- or get someone who knows MI state law- hopefully they havent repealed or adjusted the statute.
I think this path would work, and make sure you copy the defendant- tends to upset their bowels quite a bit.
At least its a start with a reasonable chance of success.
best of luck,
Scorp