Out of state vehicle sale

[travispalmer]

I paid the seller with a cashiers check for an internet vehicle sale transaction. The seller advised me that he was having problems with the car and would send my payment back. I have not received the refund and have since been unable to contact the seller(no email response and phone is now out of service). Do I file a claim in Small Claims in my city or the seller's?

 

[army judge]

I paid the seller with a cashiers check for an internet vehicle sale transaction. The seller advised me that he was having problems with the car and would send my payment back. I have not received the refund and have since been unable to contact the seller(no email response and phone is now out of service). Do I file a claim in Small Claims in my city or the seller's?

You can't successfully bring a small claims action in YOUR state, when the defendant resides in ANOTHER state.
You'd have to bring the action in the other person's state.

The bank might be able to put a stop payment on the check.
At least the bank can tell you if the check has been negotiated.

Your best bet is filing a complaint with the postal inspectors, if you mailed the check to the scammer.
Barring that possibility, you can file a complaint with your local police agency.
They can advise you if they'll pursue those charges for you.

You could collaterally file a complaint with teh police agency in the scammer's "alleged" home town.

As far as the money, you'll never see a penny of those funds.
You don't even know who received the check.

\Sure, they gave you a name, "Ricky Ripoff"; but you don't think that was his REAL name, do you?
Hopefully, the police will be able to determine who this creep is and where he is.

Finally, what compelled you to do purchase an automobile over the internet from someone you've never met?
Beyond that, why on God's green earth would you send a cashier's check to someone you've never met?
Did you really believe that the scammer would ever deliver the car?
No matter what happens in this case, don't ever behave so naively again!