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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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HELP! I am trying to my pieces of electronic equipment back

Customer Question

HELP! I am trying to my pieces of electronic equipment back from a guy who lives in Canada. I live in the US. I have been waiting for years to get this done and it's just escalated to a ridiculous situation. I'm not sure if I would have to physically go to where he is- west coast BC, CANADA- and I am east coast- SC, USA- but right now it's more about the principal of the thing.... I am looking for advice because I do not know what to do!!!
Submitted: 6 years ago.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Has the person ever entered the US to pick up the equipment?
Customer: replied 6 years ago.
You know, I am not sure. Something in my mind tells me that he may have picked it up in Washngton state but I honestly cannot remember. I'd have to dig even deeper. I do have Paypal transactions where I paid him in advance for this work. I also have lots of emails over the years. He would always give me an explanation as to why they were not done or that he was going to send them but something happened. He even sent me tracking numbers that never panned out. I can give you more information if you need.
Expert:  MShore replied 6 years ago.
ok, if he entered the US then you can argue that the US has jurisdiction. If not, you would have to sue him in Canada. This answer assumes you did not enter into a contract stipulating which country's jurisdiction would apply.
Customer: replied 6 years ago.
Okay. There would have been no need to set that type of thing up at all. I can dig deeper to see if I have anything about him receiving it in the US. Would it be small claims court that I would take him to? Would I have to appear in person or would I be able to hire someone to represent me there? I am really not sure where or how to start the process. Can you guide me as to where I would start on this?
Expert:  MShore replied 6 years ago.
Hello, whether it is a small claims suit depends on the value of the equipment in question, if it is valued at more than $5000 it is outside the jurisdiction of WA small claims court. You could hire someone to represent you there if the matter must be resolved in Canada.
Customer: replied 6 years ago.
My entire reason for getting these repaired was to sell them. I could probably sell the pair for around $6000. So where would I have to go for that if not small claims court? And would it have to be a lawyer in Canada? Or is there another person who could represent me, like an arbitrator or something?
Expert:  MShore replied 6 years ago.
Hello, you would have to retain an attorney in Canada to file suit in the those courts.
MShore and 3 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Are there any Canadian experts on here that could give me a little bit more detailed advice as to what I should do next?
Expert:  MShore replied 6 years ago.
Yes, I will opt out and refer you to a Canada law Expert.
Customer: replied 6 years ago.
Ok. I signed up for the unlimited question plan here. I'm going to go ahead and accept your answer so you can be paid. Thank you for your time and help.