Where doI sue regarding an item that was supposedly mailed but never delivered?

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Where doI sue regarding an item that was supposedly mailed but never delivered?

I bought a item to be shipped to me in NJ about a month ago and payed $200 for it. They have yet to deliver. We have made contact and they have claimed to have shipped the item but it has never arrived. When asked for a tracking code to check it, we were refused. My problem is that I’m in IN and they are in NJ.

Asked on September 18, 2011 under General Practice, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you can prove you ordered and paid for an item, but they cannot prove it was delivered to you (e.g. no tracking information to show it got to the address you had it shipped to), then you would, in theory, be able to sue the shipper for either the goods or your money back.

The problem is, suing them is the only way to get compensation in a case like this. And for $200, goin against an out-of-state vendor (where I do not believe you can go to small claims court; and in any event, everything is more expensive and difficult, suing against state lines), it is very likely that you could to recover enough to justify the cost and effort of a lawsuit; in a case like this, the compensation for which you may be eligible is limited to the cost of the goods (including tax and shipping).


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