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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live AR. purchased a Sauna on ebay ,paid by credit card in

Resolved Question:

I live AR. purchased a Sauna on ebay ,paid by credit card in full$3199.98
from Sanctuary Sauna in AZ. March 5th-2010. Never recevied mdse.
Have sent certified letters,talked with MR. Alex Norvzoni ,will look into,
turn over to credit card company & they charged me back,sent letter
to AZ. Attorney General, Better Bussiness Bureau. I keep calling his #
but will not Return my calls,Still doing BUSSINESS IN AZ. What can I
DO? R.J. THANKS.
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

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

1) Have you challenge this purchase on eBay's conflict resolution program, and
2) Are you willing to file a small claims lawsuit against the seller?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 2 years ago.

First while waiting they changed phone #,next ebay said to let credit card


which discover card try ,then give up, now ebay say it to old for them to do


anything,but I been try myself. I had my SONLAW CALL HIM & HE RETURNED HIS CALL, BUT WON'T RETURN MY CALLS.THE ADDRESS HE GAVE ME ?. I JUST WOULD TO FILE A SMALL CLAIMS ,BUT BEING OUT OF STATE IS A PROBLEM,AS I IN BUSSINESS FOR MY SELF. THANKS. R.J.


 

Customer: replied 2 years ago.
DID YOU GET MY REPLY? R.J.
Expert:  Ely replied 2 years ago.
Yes RJ - I it may take a few minutes to type it out.
Expert:  Ely replied 2 years ago.
First, you can file in Arkansas small claims court. According to AR ST § 16-4-101, Arkansas may exercise jurisdiction on a non-resident if he has engaged with a Arkansas resident for business. So just because he lives in Arizona does not mean that you have to file in Arizona; you may file in Arkansas. "In Arkansas Small Claims Court, you can sue to recover for damages to personal property, money owed, or for delivery of personal property which is worth $5,000 or less."

You have two or three causes of action here, of which you only have to prove one by a preponderance of the evidence to be successful:

Breach of contract. A person may be liable for breach of contract if the complaining party can prove the existence of an agreement, breach of the agreement, and resulting damages. Ultracuts Ltd. v. Wal-Mart Stores, Inc., 343 Ark. 224, 231-32, 33 S.W.3d 128, 133 (Ark. 2000).

Fraud - five elements: 1) a false representation 874*874 of a material fact; 2) knowledge or belief on the part of the person making the representation that the representation is false; 3) an intent to induce the other party to act or refrain from acting in reliance on the misrepresentation; 4) a justifiable reliance by the other party; and 5) resulting damages. Further, circumstantial evidence can serve as a basis for the jury to infer fraud as it can serve as a basis to infer any other fact. Moore Ford Co. v. Smith, 270 Ark. 340, 604 S.W.2d 943 (1980).

Money had and received. The action for money had and received is founded upon the principle that no one ought unjustly to enrich himself at the expense of another, and it is maintainable in all cases where one person has received money or its equivalent under such circumstances that in equity and good conscience he ought not to retain it. Fite v. Fite, 345 SW 2d 362 - Ark: Supreme Court 1961; In Vol. 58 C.J.S. Money Received § 4, p. 913.

Here is the link on a step by step on how to file:
https://courts.arkansas.gov/documents/small_claims_info.pdf

Once/if you get judgment, you may register the judgment in Arizona to enforce it if he does not pay you.


However, very often, the threat of a lawsuit does the job without the need to even file. An attorney's "demand letter" will go a long way to show that you are serious, and will threaten to file suit unless this is resolved. Such a letter coming from an attorney's office carries much gravitas and is often effective. It is about $75 to $100 depending on the attorney in a case such as yours. The demand letter is not mandatory before filing suit, but is a good step to take. If it fails, you always have litigation.

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because 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 negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.