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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 89091
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I bought a remanufactured transmission online from nationwide

Resolved Question:

I bought a remanufactured transmission online from nationwide remanufacturing. They took my money but never delivered the transmission. They stopped returning or answering my calls and emails. I live in Chamberino, NM and they are based out of Austin, TX. There is no physical address on their website and they have many bad reviews online about stealing people's money. Where and how do I take them to small claims court?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) How much money did you pay them up front, and
2) When did this happen?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
4/29/14
$1,340.00
Expert:  Ely replied 1 year ago.
Thank you.

You have two options to pursue them. You may sue in Texas, or in NM. Practically, it is easier to sue in NM since you are there and they are not. The judgment may then be "domesticated" in Texas to be pursued, if they do not pay.

Under N.M. Stat. Ann. § 38-1-16, any entity that transacts business in NM falls under its courts' jurisdiction.

This would be the Magistrate Court. See here.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

This is breach of contract. The plaintiff's burden of proof in an action for breach of contract is existance of contract,, the breach thereof, causation, and damages. Camino Real Mobile Home Park Partnership v. Wolfe, 119 N.M. 436, 442, 891 P.2d 1190, 1196(N.M. 1995)

Once you file, serve them, and have a hearing, and win, then if they do not pay the judgment, one can file a Petition to Register Foreign Judgment with the court in Texas (they can be responsible for attorney fees) to enforce the judgment by levy, lien, and/or attachment.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.
Thank you, XXXXX XXXXX is how do I serve them if I'm in NM and they are in Austin TX. Plus I can not find a physical address on them
Expert:  Ely replied 1 year ago.
My pleasure. The address that I am finding is:

Nationwide Remanufacturing Inc
Office LocationXXXXX
Austin, TexasNNN-NN-NNNN
United States

You may also serve them by their registered agent (recommended):
INCORP SERVICES, INC.
815 BRAZOS, SUITE 500
AUSTIN, TX 78701

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.
Okay thank you very much. I have been trying to get answers for months now and nobody was able to help me. I appreciate this so much. My last question is what form do I need to file in the nm magistrate court?
Expert:  Ely replied 1 year ago.
My pleasure, A.

My last question is what form do I need to file in the nm magistrate court?

There is no "form." It is a pleading. When one goes to Magistrate's Court, they will hand you a blank paper with some typing on top, and wherein you would write that the case is about and what you are attempting to achieve. So you can get the paperwork at the Court.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.
Okay. Will I be able to contact you again in case I have other questions in the future
Expert:  Ely replied 1 year ago.
Sure.

For this matter, simply follow up on this thread - do not worry, follow ups after rating are at no charge:

http://www.justanswer.com/consumer-protection-law/7ybl4-bought-remanufactured-transmission-online-nationwide.html

For other matters, feel free to request me here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Satisfied Customers: 89091
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Consumer Protection Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity. PS, it is best to serve the registered agent:

INCORP SERVICES, INC.
815 BRAZOS, SUITE 500
AUSTIN, TX 78701

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Ely
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.