Paid $120 and Received A Web Script That Never Worked.. Can I Sue?

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I'm from the USA and I bought Adiinviter (friends inviter webscript) from this gentleman who's from India.

I paid $120 (who also claim free lifetime updates), this person allows his customer to download the product package directly from his site, however, in the package itself, he's NOT including the invitation_verify.php file which basically makes this script pretty much useless.

Everytime I contacted the guy, and when he does response he always say he's on vacation or had an accident and need times to recover.

It takes him roughly 5-8 days to response... it's been over 2 months ( right now, I'm still waiting for his reply and it's almost been 16 days now, still no luck..).

I paid the payment via Paypal.

Can a USA sue a person from India for such case? If so, would I lose money or regain my benefits?

Please give some insight and put this to justice.

Thanks all who replied,
-Minh

 

You can open a Paypal dispute within 45 days only, so since its been 2 months that can't be done. You should have done that earlier. If you paid with your credit card and not from PP Balance, you can open a dispute with your bank.

 

Did not you check script in first 1-2 days?

 

No use suing over $120 fee, costs of the lawsuit will far outweigh that...

 

All of the costs associated with trying to go after someone in a foreign country for damages would be grossly more than you originally spent. If the amount in question was more like 10,000$ then it might be worth it. It sucks but cut your losses and try to find more reputable people to work with in the future :/

 

It's just $120, it isn't worth the time or the money to soon. You could have filed a dispute if you tested the script earlier. Sorry about the loss. Hope you can get a refund or negotiate something with the author of the script.

 

Sue for $120? An attorney costs more than $120 per hour.

 

the site from where you buyed dosent seen to be legit i suppose :|

 

Given the amount ($120), anything you do is a waste of your time, but to answer your two questions:

1. Unless you have a contract in which the person you were dealing with agreed to the personal jurisdiction of a US court, you would normally have to bring a lawsuit in a court that does have personal jurisdiction. In this case that would be India.

2. In some countries, you can recover the costs of winning your lawsuit (including attorney fees). In the United States, unless the contract clearly states otherwise or there is a statute or a compelling reason for the court to award legal fees, each party bears his own costs of a legal action. In other words, if you pay $500 in legal fees and costs to win a $120 judgment, you "lose" because you have $380 less than you started with.

 

I would personally not sue for 120 but I would do as you are now and giving people warnings about how shady he is

 

Well if you hire a lawyer from india then they work for less the 5$/hr.I was in a similar situation.Just threatened the freelancer that am filing a suit,mailed him few docs and he refunded my money

 

If you paid thru paypal u can raise a dispute from your paypal account..

 

Sure you can sue, but who are you going to sue? Are you going to go to India to file the paperwork?
Are you going to go to India to appear in court? Are you going to hire a lawyer from India? Do you even know if the person that ripped you off can even be found?

You just learned a valuable lesson about doing business with people in other countries.
Never send money anywhere that doesn't respect the same commerce laws as the country that you live in. India and the U.S. do not see eye to eye and there is little recourse if something goes wrong. Especially for such a small amount.

It's not worth the time and energy for $120.

There are very few places outside of the U.S. that I would send $120 and India is not one of them.

 

Can you please stop spamming the forum with useless posts?

 

You should have claimed the money in paypal before 45 days. also when dealing try to have a verified user so that in case of such problems the money can be recovered.
Who the hell that guy is. Shame on him.

Please be careful a warning for all.

 

Reading through the repies above I think you can see that everyone is in agreement - you can sue if you like but whatever the outcome, win or lose, you lose financially.

 

Paypal is the way to go. Open a dispute and chances are the issue will be solved in your favour.

Forget suing!

 

it is better before you disupate make sure that your hosting has the requirments of the script

 

It is highly likely that he stole the script from someone and doesn't have that file.

When buying from the middle east, they should deliver the goods first and then you pay them...... or ideally stick with a business in North America, EU or Australia.

 

That's...****** Right!