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I bought something online but the item was never shipped to…

Customer Question
Hello. I bought something...

Hello. I bought something online but the item was never shipped to me. The seller refused to reply to my messages, and provided a tracking bumber that showed the product was never shipped. Can I sue in Small Claims? And, can I get punitive damages?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you contacted the manufacturer?

Many many times. But never received a response. Other buyers have posted similar experiences.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sure. The item was bought through an indirect seller, like Amazon. Do I include that company in my suit?

Submitted: 8 months ago.Category: Legal
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Answered in 16 minutes by:
12/8/2017
Lawyer: Loren, Attorney replied 8 months ago
Loren
Loren, Attorney
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Lawyer: Loren, Attorney replied 8 months ago
you can sue them for breach of contract. As a general rule, punitive damages are not awarded in breach of cntract claims unless you can show fraud, as well.
Amazon is not a party to the suit. They are merely the platform, in the same way that you would not sue the landlord in a breach of contract claim with, say, Sears.
If your claim does not exceed the jurisdictional dollar limit, you can sue in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
You would, most likely, need to sue in the state and county where the defendant is located.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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