How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 13130
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Consumer Protection Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I live in Georgia and I recently sold a car to a person in

Resolved Question:

I live in Georgia and I recently sold a car to a person in Florida. He sent payment for the car via a personal check by mail which I deposited into my account. Two days later I shipped the car to him via a car carrier service. Now I just found out that a stop payment was put on the check. I got in touch with him and he said I misrepresented the car and if I want it back I will have to pay to have it shipped back ($1050). I want to sue him and I have his address in Florida, but which state has jurisdiction? If I sue him do I file the case where I live or where he lives? Is this considered auto theft?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


I live in Georgia and I recently sold a car to a person in Florida. He sent payment for the car via a personal check by mail which I deposited into my account. Two days later I shipped the car to him via a car carrier service. Now I just found out that a stop payment was put on the check. I got in touch with him and he said I misrepresented the car and if I want it back I will have to pay to have it shipped back ($1050). I want to sue him and I have his address in Florida, but which state has jurisdiction? If I sue him do I file the case where I live or where he lives? Is this considered auto theft?



Response: Florida, where the car is and where the Defendant is. Also, the Defendant never came to Georgia to purchase the vehicle. If he put a stop payment, he should have told you not to ship the car to him. Having possession of the car and putting a stop payment on the car amounts to theft. You can file theft charge against him with the Police in Florida.



The lawsuit would be filed in the County in Florida where he resides.

Customer: replied 1 year ago.

You say "Having possession of the car and putting a stop payment on the car amounts to theft." Is it theft or does it "amount to theft", is that the same thing? He isn't trying to keep the car, he just won't pay or assist in any way to send it back and is telling me its my responsibility. The cost of $1050 if what a shipping company is going to charge me to ship the car back to GA. To be clear the buyer is not asking for any money, nor is he holding the car for any sort of ransom, he just won't help in any way to get the car back to GA. Is that still auto theft? I don't want to file false charges and in turn get sued myself. Also isn't there some way I could file the lawsuit in GA? Is doesn't seem worth my time to file a lawsuit for $1050 in Miami, FL when I live in North GA, is there a way to do this to where it does make sense?

Expert:  Phillips Esq. replied 1 year ago.

You say "Having possession of the car and putting a stop payment on the car amounts to theft." Is it theft or does it "amount to theft", is that the same thing?


Response 1:
Same thing. I am sorry for the legal jargon.


He isn't trying to keep the car, he just won't pay or assist in any way to send it back and is telling me its my responsibility. The cost of $1050 if what a shipping company is going to charge me to ship the car back to GA




Response 2: Okay, that would not be theft if he is not trying to still retain the car without paying for it.


To be clear the buyer is not asking for any money, nor is he holding the car for any sort of ransom, he just won't help in any way to get the car back to GA. Is that still auto theft?



Response 3: No, it is not.


I don't want to file false charges and in turn get sued myself. Also isn't there some way I could file the lawsuit in GA?



Response 4
: You can file the lawsuit in Georgia and let the Buyer challenge the jurisdiction of the case in Georgia. You can make a case that the State of Georgia should exercise long-arm jurisdiction over the Buyer because he had minimum contacts with the State of Georgia when he was negotiating the purchase of the vehicle. However, this argument may not be persuasive since if the purchase had not gone bad, you were the one that profited from the transaction. So, if the Buyer challenges jurisdiction, the State of Georgia is most likely to refuse to exercise jurisdiction in the case and dismiss your case. You would then have to re-file the case in Florida.


Is doesn't seem worth my time to file a lawsuit for $1050 in Miami, FL when I live in North GA, is there a way to do this to where it does make sense?



Response 5: See my previous response..


You can actually file the case while in Georgia without ever stepping foot in Florida. Most Courts now offer telephonic hearings for out-of state litigants. So, you can contact the Courthouse in the County in Florida where he resides to send you forms in the mail. Once you complete the forms, you can mail them back to the Courthouse for filing and request to be present for hearing by telephone because it would be cost prohibitive for you to attend the hearing in person.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 13130
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 12 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas
 
 
 

Related Consumer Protection Law Questions

Chat Now With A Consumer Protection Lawyer
Phillips Esq.
Phillips Esq.
Attorney
1145 Satisfied Customers
B.A.; M.B.A.; J.D.