Got ripped off! Need help!

[Rebel79]

I really need some help. The intent of this is not to flame the person who screwed me.

Back in October I placed my original 1994 Cobra spoiler on StangTrader, asking $150 for it. About mid November, someone contacted me about it, and wanted to trade me some parts for it. After several days of debating we came to an agreement:
[*] I ship him an Autometer Water Temp Gauge, Autometer Oil Temp Guage, Autometer Clock pod, and my spoiler.[*] He would ship me a brand new, Autometer 5" Monster Tach with Shiftlight.

We made a writen contract which he signed via e-mail. The problem is he is 17. I know that because he is a minor he can legally break of any contract at will, however he has to return my goods. The agreement was that I was to ship the guages and clock pod 2-day air and ship my spoiler UPS ground. Upon receipt of my gauges and pod, he was to ship me the tachomoter. However after he had received the gauges, he told me he would ship the tach after the spoiler arrived.

This kid doesn't know jack sh!t about him Mustang. He claimed the water temp gauge didn't work, yet the person HE HAD install it for him didn't install the sender and used the existed gauge wire to have both guages working at once. I'm sorry the gauge doesn't work that way. After the spoiler arrived he broke contact for over a week. Then he told me he was NOT going to ship me the tach but was going to give me the cash equivilent instead, $250. A week or so later, still nothing... no e-mails. So I started getting on his case... and of course he would never respond.

Once he did respond he told me to go to hell and he is keeping my stuff. After calming down a bit, he told me that the spoiler arrived damaged and it was unusable. I checked with my local UPS shipper and they said I would need to schedule a time with UPS and the guy I shipped it to, so UPS can schedule a time so they can inspect the spoiler and box. This way I get my money back since it was insured.

Now he seemed interested yet never gave me a time nor phone number for UPS to contact him. So I started to follow up, and of course no respose to 4 or 5 e-mails. Then I get ticked off and ask why he didn't reply. He says "I did respond...." which is BS! He has pulled that same 1 liner 4 times now.

So far it has been almost 2 months since i have shipped my gauges, pod, and spoiler, and he has not given payment. I have threatned litigation via a law suit but he doesn't seem to care.

He is out of state... I am in California and he is located in Oklahoma. Is there a way I CAN SUE HIM?

Please help... thanks.

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1994 Mustang Cobra
308ci, Vortech S-trim 11#, ported GT-40 heads, E-303 cam, FMS 1 5/8 headers, BBK Offroad H-pipe, 2-chamber flows, and several other goodies.
Rebel Racing. Home of Bay Area Mustangs