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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
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Experience:  Attorney
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Here is the current situation. We are a business that operates

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Here is the current situation. We are a business that operates in Texas and was incorporated in the state of Delaware (S-Corp). We purchased a piece of heavy equipment for $18,500.00 from a company based in Florida, Chatnum Machinery Inc. After we performed the due diligence on the machine. Jennifer Santiago, the owner of Chatnum Machinery Inc. invoiced for the machine and we wire transferred the funds directly into her account on 12/30. Approximately a week and a half later, we were informed that the serial number on the plate and the frame were not the same. We conducted the due diligence on the frame serial number and discovered the machine was stolen. We immediately contacted the police and they took possession of the backhoe the same day. We have been in constant contact with all the law enforcement agencies involved in this case. We were instructed not to contact Jennifer right away because she was a person of interest, so they didn't want to jeopardize the case. However, the detective has given me the green light to notify her, so I need to know exactly what I need to do at this point in order to try and recover the funds.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription



Thank you for your question!


If one party sells stolen goods to a buyer, the buyer may have a basis to sue the seller for damages that result. In other words, if a buyer purchases stolen goods in good faith and later finds that the goods are stolen, and when those goods have been seized, the buyer could typically sue the seller to recover the value of the damages that resulted to the buyer. The buyer may also seek court costs and attorneys fees.

Unfortunately, jurisdictional issues can be rather complicated when a transaction crosses state lines. Frequently, a buyer's state may not have personal jurisdiction over a seller unless a seller has substantial ties to the buyer's state, such as when the seller markets directly to that state (this more than simply posting an ad online). For your benefit, I've included an article below that explains personal jurisdiction in greater detail.

Personal Jurisdiction
http://www.lectlaw.com/def2/p211.htm


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
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Customer: replied 3 years ago.
Okay based on the information above, then can you please clearly outline the steps that I need to take. I am sorry if I wasn't clear about that to begin with. I need to know how I can find an attorney in Florida that can represent us or if I can go through small claims court. Those are the details I was actually looking for.
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription



Thank you for clarifying!


In Florida, the small claims limit is $5,000. If the value in controversy is greater than $5,000, a lawsuit is not eligible for small claims court. In either case, it's usually prudent to retain an attorney, as you may be able to recover your attorney's fees from the other party if you win. Having an attorney basically helps to ensure that you're properly represented through the whole process.

The best way to retain an out of state attorney is by locating an attorney using one of the services listed below. Martindale and Lawyers.com are especially nice, as they provide additional information, links to attorneys' websites, and reviews of attorneys (sometimes). However, the lawyer referral service is also a great tool. You can then contact the attorneys using the contact information you receive there and you should be able to retain them through email, phone, and/or fax if they wish to represent you.
Lawyers.com,
Martindale
,
Local Lawyer Referral Service,


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the Reply feature.



Sincerely,


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. Information provided here is for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney using Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
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