I recently (8/09/09) made a purchase through a website called gunsamerica.com. The seller lives in California. I live in Pennsylvania. Total sale was $1750 of which I received $1600 of the merchandise. I have tried through email and telephone to resolve the matter. Up and including to 12/27/09 with no response from him. I did send a letter of demand on 12/30/09 for the $150 via USPS priority confirmation. He received it today. In this form demand letter it states taking the matter to small claims court. I realize this is a small amount of money. I would do it to prove a point of this man ripping people off. He emailed me back after receiving the demand today(first response since October).According to him in California law I am only allowed to collect the $150 and not the expense of having to go after the money. Further in his response, he states that he is on social security disability and that according to California law I could not collect a penny from him anyhow. What is the law?
State/Country relating to Question: California
reported incident to BBB. Reported to internet fraud authority. sent letter of demand.
You are owed $150? Legally you could sue him in the state where he lives. Yo would need a lawyer licensed there to pursue which would cost more than its worth. As for his point. social security is exempt but he obviously have some other assets including yours. You could recover court costs but not travel or legal fees. Consider filing a complaint against him with the dept of consumer affairs and the BBB if he a professional seller.
Licensed attorney helping individuals and businesses
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