Dear Sun Spots: My son is in the Army.

While at college in Pennsylvania last year, he wrote a check for $1,350 to a person who was supposed to get an engine for his car. The person cashed the check but did not get the engine for my son. I ended up giving my son the money and the person’s mother promised they would pay me back at some time. I later called them but their phone was changed to an unlisted number.

I am presently out of a job. What can I do to get my money back? They live somewhere in South Carolina. – No Name, Lewiston.

Answer: Sun Spots is unclear whether you have a contact address for them. If you do, send them what’s called a Demand Letter prior to taking them to small claims court. You should send this return receipt requested and you’ll receive a postcard from the post office noting your letter has/has not been signed for and by whom. According to www.consumeraffairs.com/consumerism/small_claim_04.htm, your demand letter should include:

• A summary of the facts.

• What you see as the damages.

• A clear request that the other party pay up by a certain date.

Be sure to include your contact information (phone/fax numbers, e-mail, etc.)

If you reach an agreement, write down terms of settlement. In exchange for paying you the money, the other party may ask you to sign a release, giving up further claims against him.

If all this is too overwhelming, seek the help of a mediator or arbitrator. You can usually find a mediator through the clerk’s office of your local court.

If you do not get your money back this way, you can then start your claim.

To file a statement of claim, you’ll need to first gather the facts including what happened, where and when, how you were damaged, and what attempts you made to recover.

Write this out in a simple narrative, attaching any exhibits (copies of letters, bills, checks, etc.) that will help your case.

Upon filing your complaint, you’ll get a case number and trial date.

You will need to file your case in the court which has jurisdiction. Jurisdiction is determined by:

• The incident on which you base your claim took place in the court’s territory, or

• The defendant or business is located in the court’s territory.

If you ordered something over the Internet, by mail or telephone, your local court will usually have jurisdiction, since your part of the transaction took place locally.

Some points to remember:

Make sure you know the legal name of the person/business you’re trying to sue, along with their address, telephone number. Any other information you can provide, such as the defendant’s employer or Social Security number, can help in locating him/her and later in collecting on a judgment.

Remember, only a corporation can be sued in the company name; if you’re suing an individual or partner, use the person’s name rather than the name of the business.

The court will send the defendant a copy of the complaint by certified mail. If it comes back unclaimed, another copy is usually sent by regular mail. You can also arrange to have the defendant served personally by a sheriff or process server (at extra cost), but this isn’t usually necessary.

This column is for you, our readers. It is for your questions and comments. There are only two rules: You must write to the column and sign your name (we won’t use it if you ask us not to). Letters will not be returned or answered by mail, and telephone calls will not be accepted. Your letters will appear as quickly as space allows. Address them to Sun Spots, P.O. Box 4400, Lewiston, ME 04243-4400. Inquiries can also be posted at www.sunjournal.com in the Advice section under Opinion on the left-hand corner of your computer screen. In addition, you may e-mail your inquiries to [email protected].