Small Claims Court Question

**TrevorK** · 06-12-2003, 12:57 PM

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.

**preludeSR** · 06-12-2003, 01:03 PM

what was it????????

**TrevorK** · 06-12-2003, 01:10 PM

It was from a guy on here:

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?

**preludeSR** · 06-12-2003, 01:34 PM

fuk court, just come to calgary and beat him down

**TrevorK** · 06-12-2003, 02:12 PM

That's an option I'd rather not discuss in an open forum

What I'm looking for - is if I sue him here, if he has to come to Edmonton to defend himself.

Which would probably force him to pay gas here/back (Which will be close to the cost of the lawsuit), or forfeit.

**TDA** · 06-12-2003, 02:28 PM

never had a kinetic watch so this is just out there

Maybe shake the @#$$@# out of the watch to "power it up" maybe its low on kinetic power since its new and hasnt been moved before?

Even if you win in small claims, the gov't doesn't help you collect. You have to do that yourself (hire your own collection agency, etc)

**TrevorK** · 06-12-2003, 02:36 PM

Originally posted by TDA
never had a kinetic watch so this is just out there

Maybe shake the @#$$@# out of the watch to "power it up" maybe its low on kinetic power since its new and hasnt been moved before?

Even if you win in small claims, the gov't doesn't help you collect. You have to do that yourself (hire your own collection agency, etc)

I'm going to give the guy the benefit of the doubt, try the watch again for another couple days and make sure to keep moving my wrist. It's only fair.

Even if I don't get my entire judgement (having to give the collection agency some), that's OK. But it's the principle - I don't want him to walk away with my money and a smile on his face. And - correct me if I'm wrong, but couldn't I put a lien against his car/house for the sum he owes me (if I win a court judgement)? Or do I need to be a business to do that?

**94CoRd** · 06-12-2003, 07:24 PM

I'm going to give the guy the benefit of the doubt, try the watch again for another couple days and make sure to keep moving my wrist. It's only fair.

Even if I don't get my entire judgement (having to give the collection agency some), that's OK. But it's the principle - I don't want him to walk away with my money and a smile on his face. And - correct me if I'm wrong, but couldn't I put a lien against his car/house for the sum he owes me (if I win a court judgement)? Or do I need to be a business to do that?

Weired (cant do the smiley), but yeh....this watch must have been pretty expensive if you want to sue and put a Lien against his house and car. HELLA EXPENSIVE...sure beats my timex

**szw** · 06-13-2003, 12:10 AM

So was the watch expensive? or a cheap knock-off?

You said it works for a couple hours..if he 'tested' it beforehand...probalby just moved it around for a while and watched it tick.

I've worn a few kinetic watches (swatch, old roles, no-name) and the knockoff would lose an hour a day...really not worth it even though it looked good.

**szw** · 06-13-2003, 12:12 AM

And it just doesn't seem possible to sue over something like this...isn't everything sold privately assumed to be 'as-is'?

buyer beware...caveat emptor!

**04blackMAX** · 06-13-2003, 12:16 AM

how much was the watch??

**szw** · 06-13-2003, 12:24 AM

Originally posted by vsmSIR
how much was the watch??

I'm guessing cheap because

Originally posted by TrevorK

Which would probably force him to pay gas here/back (Which will be close to the cost of the lawsuit), or forfeit.

**TrevorK** · 06-13-2003, 09:35 AM

Nope - the watch wasn't expensive - yes it was a knockoff.

I know it's supposed to be buyer beware, but that's what small claims court is for - to help out the buyer who get's ripped off in these transactions.

Plus like I said, if I get him to come to Edmonton, he probably won't show, which means I win. And if he doesn't pay, his credit goes down the shitter once I turn it over to a collection agency (Hell, I'll tell them to keep all the money).

If it get's that far, I'm doing this on principle. He fucked me over, I'll fuck him over where it hurts - credit. Let's see him negiotiate a good mortgage rate.

**Weapon_R** · 06-13-2003, 10:05 AM

First of all, you said you got the watch and it was relatively new.

You said above that it was still in shrink wrapping. Had the seller tested it, he would have checked to see if it was moving, and then packaged it and shipped it to you.

Now, you have a mildly used watch, and you expect a refund? You bought it brand new, and it's obvious he didn't wear it for days to see if it held correct time.

**TrevorK** · 06-13-2003, 11:04 AM

The watch was brand new when I got it - told it was working.

I wore it for two days - it kept fucking up the time, so it was obviously not working.

I expect a fully-working watch, is that too much to ask?

**Weapon_R** · 06-13-2003, 11:15 AM

Not too much to ask, but the watch was shrink wrapped and never used - how can you fault the seller for that?

Now that you've had it for some time, you claim that it's not working. Have fun proving that in small claims court...

**TrevorK** · 06-13-2003, 11:19 AM

It works, but doesn't hold the time correctly. In my dealings with anything else (computer parts, car parts, etc...) the seller is usually very accomendating when they sell something that doesn't function correctly.

And I'm not sure I have to prove it - do you think he'll come all the way from Calgary to defend himself? I doubt it.

**littledan** · 06-13-2003, 11:28 AM

you bought a fake kinetic watch man... you can't expect it to work. if you are buying a knockoff you should probably stick to one with a good old fashioned battery imo. there's probably a reason seiko sells those things for quite a bit of cash

.. or save yourself the hassle and don't buy knockoffs

G · 06-13-2003, 11:55 AM

If you expect a knockoff to work like the real thing then why did I pay close to 9 bills for this?

**TrevorK** · 06-13-2003, 12:14 PM

I expect it to work - I know it won't work like the real thing. But it should work.

I had a fake Tag I bought for $20 - worked great for 3 years, then the battery died and I bought my Esquire (Which isn't a knockoff) since the battery would be the cost of the watch.

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