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I sold something on ebay to a buyer in another state. I sent the item and
the buyer reversed charge.
If I want to file a small claims lawsuit against the buyer, can I file it in
my city? Do I have to file it in the buyer's city? The value of the item is
~$100, it is not worth the cost if I have to fly to another city for the law
suit.
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I sold something on ebay to a buyer in another state. I sent the item and
the buyer reversed charge.
If I want to file a small claims lawsuit against the buyer, can I file it
in
my city? Do I have to file it in the buyer's city? The value of the item
is
~$100, it is not worth the cost if I have to fly to another city for the
law
suit.
In California, venue is proper in any court and district in which:
the defendant has it's principal place of business,
the defendant signed the contract,
the contract was to be performed, or
the contract was breached.
http://www.courtinfo.ca.gov/forms/fillable/sc100.pdf
(scroll to the end of the second page)
Choose the one that's best for you. If you are not in California, the
answer is probably on the back of the small claims complaint form, or in a
separate handout that you can get from the court clerk's office. Or you can
find it via an internet search.
McGyver
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McGyver wrote:
in
is
law
In California, venue is proper in any court and district in which:
the defendant has it's principal place of business,
the defendant signed the contract,
the contract was to be performed, or
the contract was breached.
You need both venue and jurisdiction. It seems likely that, if
you have venue in your state under the laws of the buyer's state,
then you have jurisdiction in your state.
Regardless of where you can file, you have to serve the buyer with
notice of the lawsuit, under the laws of HIS state. Unless that
state recognizes service by certified mail, you'd have to hire
someone to go there and serve him.
But I'm not a lawyer, and this could be all wrong.
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I sold something on ebay to a buyer in another state. I sent the item and
the buyer reversed charge.
If I want to file a small claims lawsuit against the buyer, can I file it
in
my city? Do I have to file it in the buyer's city? The value of the item
is
~$100, it is not worth the cost if I have to fly to another city for the
law
suit.
Absent Some Language in the Sales Contract (You may want to scour eBay
for any Rules WRT Sales & Disputes among eBay users) to the Contrary
(...This Sale is executed in the State of West Borgonia and all disputes
arising from this Transaction shall be resolved under the Laws of West
Borgonia...) the Sales Contract is considered to have been Entered Into,
Executed, and Subject To the Laws of the State where the Seller "Offered For
Sale" the Property In Question...
You can file in Your Home County and will Most Likely get a Favorable
Judgment...
BUT... now comes The Sticky Wicket... While you can forward your Judgment
to the Buyer's County Court or perhaps simply to the Sheriff of Buyer's
County, unless you know he Works... Banks... or has Attachable Property that
you can find, No Amount of Writs of Garnishment or Attachment will result in
your receiving the Value of your Judgment or The COSTS involved in obtaining
and Executing Judgment...
Did you know there's a "Compliment OR Rat The Fuck Out" Area of Ebay? The
Purpose of Which is to Forewarn or Encourage eBayers to forego or deal with
eBayers?
Be sure to TELL THE TRUTH if you employ this option with eBay...
If payment was made via some flavor of Plastic, DISPUTE the "reversal"...
whatever you mean by that... :/
Naughtius "PLAStics!!" Maximus
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peter wrote:
I sold something on ebay to a buyer in another state. I sent the item and
the buyer reversed charge.
If I want to file a small claims lawsuit against the buyer, can I file it
in my city? Do I have to file it in the buyer's city? The value of the
item is ~$100, it is not worth the cost if I have to fly to another city
for the law suit.
How can one reverse the charges and keep the item?
That could be mail fraud and theft.
Another possibility is, the correct procedure could be to file suit in the
state in which ebay itself is located.
But I would try first filing in my home city and when the defendant fails to
appear, you can take it from there.
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My previous advice was wrong, as pointed out by Mr. Rubin. I was
focusing on venue and overlooked the fact that you and the buyer
are in different states. In California, small claims court cannot
be used against an out-of-state defendant unless personal service
of process can be accomplished in California. If your state or
the defendant's state has a similar rule, you can't use your home
state's small claims court in this case. The small claims courts
in your state and the defendant's state will provide you with the
hand-out concerning their rules. Or you can find them online if
you are good at searches.
As Naughtius suggested, you can dispute the credit card reversal.
The credit card company might decide that their customer doesn't
have grounds for the reversal. Then you get paid. I don't know
how to do that. I assume you can call the credit card company and
get the procedures.
McGyver
in
is
law
In California, venue is proper in any court and district in
which:
the defendant has it's principal place of business,
the defendant signed the contract,
the contract was to be performed, or
the contract was breached.
http://www.courtinfo.ca.gov/forms/fillable/sc100.pdf
(scroll to the end of the second page)
Choose the one that's best for you. If you are not in
California, the
answer is probably on the back of the small claims complaint
form, or in a
separate handout that you can get from the court clerk's office.
Or you can
find it via an internet search.
McGyver
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