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Old 9 February 2020, 01:23 PM   #1
larryccf
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Join Date: Aug 2009
Location: richmond, va
Posts: 541
something that might serve some to know that have been taken by a vendor

a lot of attorneys (and i know too many) aren't aware of this - not their fault as this area of law doesn't enjoy a lot of attorneys practicing it.

In the event you have fault with what a vendor delivers, as long as they advertise nationally, whether on the web, in print media or radio/tv, and whether the issue is a faulty or mis-described item, under federal statutes, the court of jurisdiction is the jurisdiction of the purchaser.

Some time back i was basically cheated by a vendor that destroyed a firearm making a suppressor for me. His shop was 1,000 miles away (Atlanta, GA) and i'm in Richmond, VA. Total value of the loss was $3600.

problem was, i knew from being a landlord, if i sued him in Georgia, the trick would be for him to call into the court the morning of the hearing and ask for a continuance. So after flying down, i'd be eating the cost of an unnecessary or wasted flight.

By accident, an attorney who was familiar with the statute i referenced above, alerted me that i could sue him in Richmond, VA and he'd have to respond or he'd loose by default and then it'd simply be a matter of garnishing his bank accounts or whatever property once the judgement had matured 30 days.

I sued him in my local court. He hired a local attorney who filed a motion for a change in venue (ie, move the case to Georgia) - in court my attorney simply showed the judge the statute reference and he denied the motion.

A few days later i got a phone call from the individual indicating he wanted to resolve the "mis-understanding" - my response, overnight me a cashier's check for $4,600 (which included my attorney's fees) and i'd file a dismissal. Turned out he had applied for a mortgage and didn't want a judgement showing up on his credit report.

But the point is - having the court of jurisdiction local to you, puts you at an advantage - ie, he'll have to hire local council and usually employ one local to him to find an attorney in your jurisdiction, so he's supporting two attorneys - not fun. 2nd, at some point he'll have to appear in your court to defend himself if he feels he's in the right. The advantage, cost wise will be to the purchaser.

FWIW
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