More details to this question:
I purchased a horse from a person in NY. I am in NC. I set up transportation and she refused to put the horse on. I have proof that I paid her and an email from her saying I am now the owner. She chose to not put the horse of the trailer for a shipper I have already paid for and can not get that money back. She is now saying it has to be a shipper she approves of but there is no contract saying that. She said there was a binding contract. Not the case. the shipper I used was a very good one. she would not pay for another shipper and won't give me my money back. If I try to get it back she will take me to court. The horse was $650. I am not flying up there to battle her in court. What legal rights do I have? I have 100 emails and not one says she has to approve the shipper.
1 ANSWER
Sue her in North Carolina. Since the contract in dispute was negotiated and performed partly in North Carolina, and she collected payment from a North Carolina bank account (I assume), this may be sufficient to confer jurisdiction over her upon the North Carolina courts, even if she has no other contact with NC. Another option would be to hire a New York lawyer to sue her in NY, but that would probably require you to testify in NY at some point. Ditto if you assigned your claim to a friend in NY; a non-lawyer could not represent you (actually this might be allowed in small claims court, I am not sure), but he/she could buy your claim and represent himself or herself.
Answered on Dec 09th, 2013 at 3:48 PM