where to file auction case
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QuestionCountry: United States of America
I live in Cherokee, NC and the potential defendant lives in Farmington, MN. I saw a product advertised on a Yahoo.com auction. I contacted the seller about ending the auction early and selling it outright to me. He and I agreed upon a price and I had my bank directly wire the money ($605.00) to his checking account. He and I have been in email contact constantly, but should he fail to deliver the merchandise and not return any future emails, I would like to know what my legal recourse should be. I called the Farmington, MN police dept. to ask them. They stated that I should contact my local police dept. and file paperwork there. From that point, the local PD would contact the Farmington police dept. Would this be a criminal court case or a civil court case? Would I have to file in the defendant's county or would I be able to file in my county. As I live over 1,000 miles away from the defendant, that would be a bit inconvenient for me. Finally, I would have a trace from the bank, his home address, a cell number (which is always on voicemail), his bank name, his checking account number, his routing number, and numerous emails. Would this be sufficient to prove my case in small claims? Would I also be able to sue him for added expenses like court cost, lost wages from work, and travel in order to take care of the court appearance, should one be needed? I appreciate your help.
AnswerYou may sue in your local court in some cases it was done online...it is theft if he did this purposely--so do file with the police...
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