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sued over a 40 year old gun
44mutley
Member Posts: 108 ✭✭
sold a 40 year old 22 rifle to a guy out of state in oct., his ffl got it , guy seen it and said everything looks great, 2 weeks later got an e mail from him saying he wanted his money back, would'nt hold a good group, i told him i do not take returns, i am not a dealer, fast forward to today, 6 months later, get a summons from court, and his attorney, being sued for 5,000.00 frickin unbelievable, better watch out people, people are crazy
Comments
Clouder..
If you can't feel the music; it's only pink noise!
Did you sell it on GunBroker? What's the auction number?
Of course, collecting on an out of state judgement is pretty darned hard too.
was sold on a local forum, thanks guys
Too bad, if it had been sold here, ROAD TRIP!!!! Don
Its like trying to sue ford cause you cant get the same 1/4 mile time as their test driver did with your new Stang GT.
Like above, file a counter suit. Tell his lawyer you will need proof of a group shot by the buyer and one by a pro, to rule out user failure. Also be careful on that forum not to slander the buyer, he will be looking for anything to jump on. If he slanders you, then return the favor.
quote:Originally posted by 44mutley
was sold on a local forum, thanks guys
Too bad, if it had been sold here, ROAD TRIP!!!! Don
I would just send Don [:)]
Anyway, the advice (legal) you get the Internet, is, most-likely, worth what you pay for it. And, I would go so far as to say that it could be worth far less than you pay for it, as it could get you in trouble.
Personally, I would love to see the auction that you speak of.
I don't know how this will play out across state lines. Generally, local courts have jurisdiction in their home counties and home states. Suppose the defendant does not respond, and the plaintiff is granted a default judgement for $5,000 in whatever state he is in. How does that affect the defendant in another state?
I don't know. It is a civil matter, way different from criminal.
Let's say you committed a misdemeanor theft, and a case was filed against you. Before the warrant was issued, you moved to another state. The warrant will remain active, but it is highly unlikely that anyone will serve it, unless you return to the state where it was issued.
Lots of jurisdictions won't extradite even on a felony, and some specify that they will exctadte from contiguous states only. We run across people all the time like that. Just the other day, I checked a guy that had a warrant for armed robbery in Florida, but the notes on the NCIC hit stated that the issuing jurisdiction will not extradite. I guess they figure as long as he stays out of Florida, all is well.
dont lose any sleep
Yes this, but since you've been servrd, I'd stop beating my gums on the internet. Lawyer up, and stuff a stick in that guy's *. I'd spend 10 grand making sure it cost him 15 grand to lose.
There aren't many lawyers here.
At the very least, spend $100 or so and consult with a good attorney for a half hour, and get his opinion and advice.
There aren't many lawyers here.
Not any good ones, that's for sure.
http://www.ehow.com/how_2040759_file-out-state-small-claims.html
I liked this part
Tips & Warnings
Check with the court clerk to confirm jurisdiction. You may usually only sue an out-of-state defendant in your own state if he or she owns property or runs a business in your state. It is often not enough that the dispute arose in your area.
With that being said lets have some of the details:
What make and model was it that you sold
How much did it sell for
Why did you decide to sell it
1) No one cares if the rifle is 4 days old or 40 years old.
2) No one cares if you always hit the squirrel you aimed at or not. (If you provided a test target at a standard distance, THAT would be worth discussing.)
Did the buyer have photos provided by you? If so, why did you not post them for us?
What state does the buyer live in? Many states have implied warranty laws. (Common law is fine for marriages, not much else.)
Neal
Civil Process Instructions for Outside the State of Ohio
When documents are filed outside the State of Ohio and you are requesting service in Allen County, Ohio law requires a certification form to be completed for "Out of State" service. The original of the signed certification form will need to be mailed to the Allen County Sheriff's Office - Civil Process Section at the address listed below.
Along with the certification form that is required to be mailed to our office, please send a complete set of the summons / subpoena / order / other documents to be served and a copy to be used for a return with our affidavit for service. See link for the "Out of State Certification Form".
Please provide Instructions for Service indicating "personal or residential" service.
"Personal" service is defined as "being served "in hand" only to the person/company to be served.
"Residential" service is served to anyone of suitable age or discretion residing at the service address who can sign in receipt of the document.
Include your money order, certified or cashier's check (a law firm check is also acceptable) in the amount of $45.00 for each person to be served. Make your check payable to "Allen County Sheriff's Office". Please enclose a self-addressed stamped envelope for the return.
We will attempt service, and complete the return along with an "Affidavit for Service". Please allow up to 3-4 weeks for service and return.
quote:Originally posted by 44mutley
was sold on a local forum, thanks guys
Too bad, if it had been sold here, ROAD TRIP!!!! Don
Tough Luck Don... Your skills are never appreciated. [:(]