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Small Claims Court Question - Click HERE for Original Thread

TrevorK
If I want to sue someone from Calgary, who sent me something that doesn't work, can I do it in Edmonton? And then are they forced to come to Edmonton?

Anyone have some experience? I just recently got taken on something, seller is basically saying "It worked when I tested it" even though it was brand new (heat shrinked in plastic still) in the package.

BlueTurboEGG
Is this some sort of internet fraud?...

www1.ifccfbi.gov/index.asp

www.fraud.org/internet/intset.htm

TrevorK
I bought something, supposedly brand new (Which I can attest it was - still wrapped). But it doesn't work properly, and the guy said he doesn't do refunds. So I'm not sure if that's considered Internet fraud?

BlueTurboEGG
Hmmm, give me details of everything.

TrevorK
Bought a watch and it's kinetic - so it doesn't have a battery, it get's it's power from movement.

I wore it for two days, and every day I'd have to adjust it EVERY hour or two to get the time right. It was always off by a couple hours. I figured at first it was just me, but it did it ALL the time for the two days.

So I email buddy back, who said he "tested it" (Yeah, how do you test it when the strap is still wrapped in plastic (Shrink-wrapped - except definetely done by a machine, you couldn't see where the ends of the plastic met) and it worked.

Then he said "I don't do refunds".

So my thought is, take him to small claims, and force him to come to Edmonton (He's from Calgary) or if he doesn't show he automatically loses (I assume?) and I get the judgement. I just want to make sure that this is the way it works - that even though the transaction took place over the net I can sue him here in Edmonton as opposed to Calgary.

At which point I have him because if he doesn't pay, I assume I can take further steps to tarnish his credit rating.

Any ideas?

TrevorK
Oh - I paid with a money order (I think I'm going paypal, or a personal cheque for EVERYTHING from now on) so I can't trace it. I threw out the receipt once I got the watch (stupid me) because I held onto it in case he bitched he didn't get it.

TrevorK
Anyone?

HKSpowers
How much did you pay for it? if you dint pay too much i'd say cut your losses here or attempt to have it fixed.
If not and oyu still have this guys address(from when you mailed the money) contact the local police there and tell them your situation. This guy likley ripped off more people than just you.

Or you can take a trip to his place with your crew and some kali sticks.




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