What legal recourse do I have against an out of state company that didn’t fulfill an on-line order?

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What legal recourse do I have against an out of state company that didn’t fulfill an on-line order?

I ordered grill grates from a PA company. I paid $495 in full over 3 months ago. I had trouble contacting him and getting any information from day 1. When I was able to contact him he kept promising delivery by early last month. When I would ask where they are, when they were sent or for a tracking #, he would make excuses or avoid me. I asked for my money back but he says it was a special order and it’s non-refundable. To date, I have no grates. He hasn’t responded to calls or e-mails for over 2 weeks. Can I sue him from CT? Can I get more then the $495?

Asked on June 27, 2011 under General Practice, Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You could sue the company in Small Claims Court in CT for breach of contract.  A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  For your convenience in filing doucments with the court and appearing at the hearing, it would be advisable to file in CT instead of PA.

Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the amount you paid and court costs.  Court costs would include the court filing fee and process server fee.  You should use a process server in or near the city in PA where the company is located.  Process servers are listed online or in the Yellow Pages under attorney services.

You would not be able to recover more unless you obtained the grill grates elsewhere and could seek the replacement cost.  However, if you do that, you will need to mitigate (minimize) damages and will have to select  replacement grill grates at a comparable cost.  If you were to select the most expensive grill grates you can find as a replacement, you would have failed to mitigate damages and your damages would be reduced accordingly.


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