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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  7+ years defending Misdemeanor and Felony cases.
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Please help. My husband sent an automobile antenna to be repaired,

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Please help. My husband sent an automobile antenna to be repaired, the person stated it would be completed in a week. To. make a long story short, the person received full payment and never sent the.car part back. When trying to contact the individual he moved. After about a month or so, we left messages that legal matters will be taken if the part was not returned along with refund of money for not repairing the car part within a week. This person returned the calland stated it was sent by UPS. It's been two weeks. What can I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. If the person claims it was sent UPS, they should be able to provide you with a tracking number, to evidence it was sent. If they can not, then you know they are lying, since it does not take two weeks to receive and they should have evidence to show it was sent. With that being said, it appears that this may be an issue for small claims court, if the claim is no more then $3000. If the person was paid in full and failed to perform under the contract and fix the antenna, they would be in breach and liable to 1) refund your money and 2) return the antenna to the value of it, if they did something else with it. In order for them to be charged criminally, it would have to be shown that they intended to steal your money and the antenna and never intended to fix it. Otherwise, this would be a civil dispute and the police would not get involved. If you wanted to start the process to sue in small claims court, you would need to go to the clerk of court and they have the forms for you to fill out and file.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15806
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
This person resides in another state, and he was not able to provide a tracking order number. He states he got busy with some other things and will have to send it later. My husband stated it was unacceptable and to return everything immediately. He stated he would and now will not answer our calls. Do I file a police report, and do I file a claim in small claims court here in Ohio or in his state? This is a very expensive rare car part for a 1960 lincoln.
Expert:  CrimDefense replied 1 year ago.
What State does he reside in? Also, how did you find this person and what is the value of the antenna and what did you pay him?
Customer: replied 1 year ago.
He resides in Michigan. My husband found him in hemmings car book he's done business with others in the car book but this is the first time we have ever had a problem. He paid 300.00 plus shipping and handling to and from. The value of the antenna is about unknown due to part is no longer made. A technician from florida stated he could build one for us for around 3000.00
Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information and sorry for the delay. Seeing how this man resides in Michigan and his business is there, that would be where the lawsuit would need to be filed. The only issue that would need to be determined is the value of the antenna, since it may move the matter from small claims court to the circuit/district court. Moreover, you would need to likely find an expert to testify to its value, since the allegation alone, without any proof, may not be enough to convince the court what it is worth. In an ideal situation, he would return both the money and the antenna. If not, then you have no choice but to sue, to recover for the damages. To date, you and your husband have done everything you can, to avoid having to sue and trying to settle but it appears that this man is not being truthful and needs to be taken to court.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided
Customer: replied 1 year ago.
Thank you so much for your help. At least now we know where to begin. You've been very helpful.
Kenya

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