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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Need help with dispute with online vendor - possible lawsuit
Long story short, I ordered some product from a company based in Washington State two years ago. Lots of the product came damaged. I tried to resolve with vendor. They refused to compensate me or send replacements.
They billed my credit card in two payments (one for 2/3 the cost and the other for the final 1/3).
Well I decided to file a dispute with my credit card for the 2/3 charge. Needless to say I guess I won the dispute because Chase applied a credit in my favor and I never heard from them again.
Fast forward 15 months, I start to get debt collection letters from a debt collector that I guess they hired. Fine I know how to fight those, in fact i'll probably end up sueing the DC because they violated so many laws on the FDCPA I would need two hands to count the violations.
But in the latest letter from the DC they said their client (the online vendor) is ready to sue me and the lawsuit would take place in the state of Washington.
Now that brings me to my question. I really don't care if they sue me because I can easily fight this. But would the lawsuit take place in Washington State (that's where they are headquartered). Or would it take place in New York State as this is where I live and where I ordered the items from. Again this was an online/internet order.
I would appreciate it if any lawyers or people that have been there can comment on this. Their threat of a lawsuit is probably an empty one, but it would help if I knew where this lawsuit would take place if they actually went ahead with this.
Many thanks in advance.
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Posted 3/31/08 11:59 PM  |
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hbugal
Lesigh
Member since 2/07 15928 total posts
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Re: Need help with dispute with online vendor - possible lawsuit
I dont know if this helps at all...
DH purchased something from a man (small business owner) in Washington State..weeks went by and we never received our shipment. After several unreturned phone calls we contacted someone in Washington State (courts or attorney general-Im sorry I dont remember who) that told us what we had to do...
Long Story Short..if we had to sue him we would of had to go to Washington State to do so b/c that was where the business was located.
I realize this isnt exactly what you were asking but I thought maybe it might lead you in the right direction.
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| Posted 4/1/08 12:48 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Need help with dispute with online vendor - possible lawsuit
Well there are two scenarios here. If I decide to sue the debt collector for harassing me I am pretty sure that gets done in my home state and I just file locally in Mineola.
But I am asking if the merchant that I bought the item from decides to sue me, would the lawsuit be in the state of Washington or in New York.
Simple example. Lets say I buy a computer from Dell.com (they are in Texas). I pay with credit card then dispute the charge because the computer sucks and breaks. Dell decides to sue me directly to collect their money. Do they come to New York to sue me or am I forced to fly to Texas to defend myself even though I never stepped foot in the state (I ordered the product online from my home in New York).
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| Posted 4/1/08 12:55 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Need help with dispute with online vendor - possible lawsuit
Posted by hbugal
Long Story Short..if we had to sue him we would of had to go to Washington State to do so b/c that was where the business was located.
I totally can understand this. But in my example I am the one who would possibly be getting sued. It's the other way around in my case and I was wondering if they decided to sue me would I have to travel out of state to defend myself.
Frankly I don't care if they sue me. I would be more than happy to defend myself. But the thought of having to travel to Washington State because I got screwed by an online merchant and they are now sueing me, kinda has me a little concerned because that would be a hassle.
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| Posted 4/1/08 12:57 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Need help with dispute with online vendor - possible lawsuit
Oh and a little off-topic, morale of the story people:
Just because you dispute something on your credit card (and the bank finds in your favor), that doesn't get you off the hook against that merchant if they decide to come after you directly. 
These people suck, i'm so ****** off right now. 
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| Posted 4/1/08 12:59 AM |
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luckysmom
Yes it is! Going as planned:)
Member since 6/07 5339 total posts
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Re: Need help with dispute with online vendor - possible lawsuit
It depends on the company. There is a book of lawyers given by the fdcpa. Most of the time collection agencies use a lawyer that is located in your area, not always, BUT if the company decides to sue you, you all have to go to washington for the lawsuit.
This is what happens most of the time. If it's not a huge amount of money they might just be sending you this letter as a last resort. They might not even go ahead with the lawsuit. It costs them more in legal fees sometimes than the amount of debt. They might want to see if they can scare you into paying.
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| Posted 4/1/08 7:54 AM |
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csorisi
My 2 LOVES
Member since 11/05 1984 total posts
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Corinne
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Re: Need help with dispute with online vendor - possible lawsuit
You would have to read all the fine print on their website. Alot of companies will put that if a dispute arises that you will have to fight it with them in their state not yours. I would start there. Also in NY you can fight it in small claims court and I am pretty sure that says that you must file in the county where the defendant is located.
Good luck!
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| Posted 4/1/08 8:12 AM |
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hbugal
Lesigh
Member since 2/07 15928 total posts
Name:
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Re: Need help with dispute with online vendor - possible lawsuit
Posted by ave1024
Posted by hbugal
Long Story Short..if we had to sue him we would of had to go to Washington State to do so b/c that was where the business was located.
I totally can understand this. But in my example I am the one who would possibly be getting sued. It's the other way around in my case and I was wondering if they decided to sue me would I have to travel out of state to defend myself.
Frankly I don't care if they sue me. I would be more than happy to defend myself. But the thought of having to travel to Washington State because I got screwed by an online merchant and they are now sueing me, kinda has me a little concerned because that would be a hassle.
I would make some phone calls..all the people that we spoke to were really great, very helpful!!!! I really want to say that Dh called the State Attorney Generals Office....
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| Posted 4/1/08 10:06 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Need help with dispute with online vendor - possible lawsuit
Posted by hbugal
I would make some phone calls..all the people that we spoke to were really great, very helpful!!!! I really want to say that Dh called the State Attorney Generals Office....
Well I just fired off a bunch of emails to some attornies I found doing a search. Gonna see if one of them can shed some light on this and maybe advice on it.
Contacting the state attorney general's office is an option. Contacting the FTC is another.
But if somebody can tell me that this CA violated the FDCPA then I can sue them at $1000 per violation.
I think it's time I let this CA know who they are dealing with here. I am just curious as to where a lawsuit would take place if I was the one that got sued by this merchant.
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| Posted 4/1/08 10:28 AM |
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