Is an Email Instructing Someone to Insure a Package Legally Binding

[BOM]

My question involves business law in the state of: New Jersey

I am a resident of New Jersey and was sued in small claims court in Nebraska. I could not attend and I wrote a letter to the court and left a message with the judge informing him of this but never heard back.

The case is about a defective laptop that I bought from a company online that is located in Nebraska. I was unhappy with it and returned it via UPS. While in the custody of UPS, the laptop was stolen. UPS took responsibility and paid out $100. I could not collect the full amount because UPS stated I did not declare the value, which I had and apparently did not go through due to an error with the website.

Long story short, even though the computer company was aware that UPS conducted an investigation and took responsibility, they sued me because they stated that I was instructed in an email to insure the package. They claim this is a legal contract even though I never agreed to insure the package, attempted to insure it anyway out of common sense and was not in the custody of the laptop when it was stolen.

How to I fight this situation? The company had me served with the summons by my County Sheriff’s department here in New Jersey. In the letter I sent to the judge I did argue Personal Jurisdiction, Undue Hardship and Lack of Claim. Again, the Court never responded to my phone message with the Judge or my letter. They simply ruled against me. Furthermore, I have severe medical conditions that prevent me from traveling long distances. This is not important because I did notify the court that I could not attend on the scheduled date.

[jk]

it doesn't matter if they instructed you to insure it or not. Unless they accepted liability for it being returned, until you return it to them, you have not returned the computer. It is not up to the recipient to suggest or demand you insure the computer.

. In the letter I sent to the judge I did argue Personal Jurisdiction, Undue Hardship and Lack of Claim. Again, the Court never responded to my phone message with the Judge or my letter.

a letter you sent to the judge or included in your response, to the court, to the complaint and summons? Huge difference there.

when dealing with courts, there is a proper method for addressing the court. If you failed to file the requests, responses, etc, appropriately, they are ignored. It sounds like that might have been your problem.

[BOM]

I think you are correct about how I handled the letter. So this brings two seperate questions.

First, it was brought to my attention that the attorney they used to send me the Final Demand and emails regarding negotiating the mediation practices Creditor's Rights, Bankruptcy and Litigation. you would have had to sign the purchase contract in Nebraska for the case to be brought there. Which means that he violated the Fair Debt Collection Practices Act for filing a case to collect a consumer debt in the wrong venue.

Second, does this judgement have any grounds for jurisdiction in my state? Thank you for your time.

[jk]

ya lost me on the venue comment. Venue or jurisdiction are affected by many factors. Given this was an internet deal, Nebraska could have been the proper jurisdiction and venue. As long as the attorney believed it was, he violated nothing. In fact, his belief was supported by the fact there is a judgment against you.

another issue you have to pay attention to is many contracts limit the jurisdiction and venue within the contract. Agreeing to such a contract is your waiver of a claim of dispute of venue or jurisdiction.

as to the judgment being enforceable in NJ/

yes. NJ has specific law addressing it to make it real easy for a foreign judgment to be domesticated in NJ.

https://www.google.com/search?aq=2&o...+judgments+act