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Question

Can I file a small claim against someone in North Carolina when I live in Kansas? And if so how?

Submitted: 15 days and 8 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Optional Information

State/Country relating to Question: Kansas

Already Tried:
Phone calls to the person who owes us money. He has not delivered despite promises

Posted by JPEsq 15 days and 8 hours ago.

Info Request

Where did the act giving rise to liability occur?

15 days and 7 hours ago.

Reply

We bought a car from this man in North Carolina after the car went off of ebay. So it was not a transaction through Ebay. We sent him a check for the price of the car plus shipping costs of $475.00 as per our agreement. Then the car was shipped to us in Kansas before he got our check so he called to ask us to pay the driver and he would reimburse us. We paid the driver and have not gotten a shipping cost refund from him.

Accepted Answer

I think you could say that the act occurred in Kansas (though there is an argument to be made that the contract was formed in NC as well). Probably either place would be fine.

 

I would sue him in Kansas small claims court. It is an easy process... go to your county courthouse, and ask for a small claims form. Fill it out, pay the fee (usually less than $100) and file it. They will take care of the service as part of the filing fee in most places.

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Expert: JPEsq
Pos. Feedback: 99.6 %
Accepts: 
Answered: 11/5/2009

Attorney

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

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