starting suit with out of state business

[smitty]

I ordered rims and tires from a company advertising in a national magizine. I payed them via wire transfer. The order never came to be. The manufacture does not make the size that fits my car. The company wants me to pay a 30% cancellation fee for an order they could not fulfill. The fee equals $800. The company is located in California, I started the transaction from Nebraska. Can I start a suit where I live (Nebraska) or do I start it in California? The reason I ask is because I would like to pursue this on my own. I hired an attorney 3 monthes ago and he has proved no good. When i call him all he says is "I havn't heard anything. These things take time." My attorney claims the company denied his registered mail. Is this a reasonable excuse? If it is, how much time do you suggest I allow before pursuing this from another angle.(i.e. firing him and doing it myself)
Smitty

 

[Michael Wechsler]

If the company denied his registered mail, you should get copies of everything from the attorney and send a complaint to the CA Attorney General's Office. You'll find a complaint form here:

http://caag.state.ca.us/consumers/

Even getting a judgment in your state (if you could prove that the CA company should be subject to jurisdiction in your state due to its "presence" in your state) an expensive proposition is enforcement of the judgment. It would have to be enforced in CA, where the company likely has its bank accounts. It's a laborious, time consuming process. Try this one first and send a cc of the complaint to the company itself, by fax and by certified mail. They'll get it one way or another.

If you paid by credit, you should be able to dispute the charge for merchandise not received.