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I'm being sued for an eBay seller from a different state (Consumer Law & Fraud)

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• Wed, 29 Oct 2008 16:34:00 GMT(1)

• Quote:

  Originally Posted by ariastar

  $475.00, or $475,000? The first is small claims, the latter is unlimited jurisdiction.

  Is 475,000.00 USD, totally ridiculus
  

  Quote:

  Originally Posted by ariastar

  Contact the court listed on the document you received and make sure they know you are out of state. Also send a certified letter to the court with the case number, your side of the story, and copies of the UPS confirmation that the seller never picked it up. It will go into the file, and I'll bet anything the judge will tell the plaintiff to file where it's supposed to be filed, in your state.

  I contact them and the give me a bunch of forms numbers that I have to fill and send to the court and the plaintiff. They told me that I have to pay 320.00 for those orders to be filled in my case or that I have to fill even more forms to waive those fees but that applies if I don’t have a job. I have a business and I’m really struggling right now with the economy as it is so I guess they’re going to run my SSN and find out about my business?
  Or should I just ignore the whole dam thing and wait to see what the court is going to say.
• Wed, 29 Oct 2008 18:11:00 GMT(2)
• here - go to this site, follow link or pm me for detail
  Fill out the form, and file it with the courthouse - you can fax it
  http://www.courtinfo.ca.gov/forms/fillable/civ110.pdf
  I searched for your case at that courthouse and was unable to find it, would you mind pming the case number.
  Oh yeah, reason for dismissal is lack of jurisdiction over defendant
• Wed, 29 Oct 2008 19:25:00 GMT(3)

• Quote:

  Originally Posted by Slammedtgs

  I searched for your case at that courthouse and was unable to find it, would you mind pming the case number.

  This is the direct link:
  Superior Court of California, Santa Clara County
  This is the case#:
  108CV124507
  Let me just add that I've been so scared since the day I received the envelope with all these papers, but since the day I wrote here and I saw how many people is willing to provide some advice I stop felling alone. Thank you very much; you guys don't know how important it's been to me knowing that there are actually people trying to help me out.
• Wed, 29 Oct 2008 16:23:00 GMT(4)

• Quote:

  Originally Posted by thedoctorisin

  Are you being sued in California small claims court, or in another California court?

  I'm not completely sure, the paper I got says:
  "Santa Clara County Superior Court".
  It is a civil case and is under Category: Defamation - Unlimited
• Tue, 28 Oct 2008 01:58:00 GMT(5)
• This is an interesting claim.
  States do have the power, through the long arm statute, to being out of state defendants into their jurisdiction. From my understanding of this statute it is usually used when the plaintiff if the buyer of a good from a company that has minimal contacts with the state. I think this also only applies to business
  So, I dont believe that Cali has jurisdiction over you since you are not a seller or a good, and dont regularly deal in Cali. For him to sue you and the state to have jurisdiction I believe he would have to come file in your state.
  California could have Quasi in Rem Jurisdiction if you own property in the state.
  I dont want to say "dont worry about" as legal matters should never be ignored, but California will likely decided they dont have jurisdiction when he goes to court.
  Not sure about this, but maybe you can respond by mail askng the court for a motion to dismiss for lack of jurisdiction over you
• Wed, 29 Oct 2008 14:50:00 GMT(6)
• Generally, if you fail to appear you will have a judgment entered in your name, however since the court has no jurisdiction over you they can no enter a judgment against you.. Unless the plaintiff files in your state the court does not have jurisdiction.
  I would fully expect the court to dismiss the case. It would be best to contact the court though. Give them a call, it wont hurt
• Wed, 29 Oct 2008 17:53:00 GMT(7)
• Well, first of all 475K if a ridiculous sum of money for the presumed wrong. How much feedback did this person have on Ebay. Per the terms of use on ebay and paypal - you agree to dispute resolution in the event of a complaint. You also agree that paypal is allowed to decided on the complaint (read paypal user agreement section 11-13)
  Now, the legality issues. Defamation, if you could provide the words used against him for us to view it would be a great help.
  Here are some defenses to defamation:
  Truth - Truth is an absolute defense, if its true you have the right to say something
  Privilege - this does not apply to you or your case - it would apply to people like congressman
  Lets go over some other things.
  Inorder for the court to to have jurisdiction over a case it must have:
  Subject matter jurisditcion - Divorce court cant hear cases on murder ect, so he must file in the right court.
  Personal Jurisdiction - The court must have jurisdiction over the people in question - this is not the case, as California state court does not have jurisdiction over non state residents
  Since what we are looking at here is an amount over 75,000 dollars and parties in two seperate states you have the following right of removal jurisdiction (unless the plaintiff files in your home state)
  You have the right to petition the court to remove the case to the Federal court - this is to provide fairness and unbiased judges to both parties. ( it is presumed that in state judges would favor instate parties so its for fairness)
  IM not sure on what you would do petition the court for removal jurisdiction or just to dismiss the case because they legally have not jurisdiction over you
• Wed, 29 Oct 2008 16:40:00 GMT(8)
• I dont know what to think anymore, since Im been sued for such a stupid amount, 475.000 (four hundred and seventy five thousand dollars) is suppose to be unlimited jurisdiction. Does this mean that CA court has jurisdiction over me?
• Wed, 29 Oct 2008 18:20:00 GMT(9)

• Quote:

  Originally Posted by Slammedtgs

  here - go to this site, follow link or pm me for detail
  Fill out the form, and file it with the courthouse - you can fax it
  http://www.courtinfo.ca.gov/forms/fillable/civ11 .pdf
  I searched for your case at that courthouse and was unable to find it, would you mind pming the case number.
  Oh yeah, reason for dismissal is lack of jurisdiction over defendant

  Really? The contract was entered in to in California. So, the court may very well have jurisdiction.
• Wed, 29 Oct 2008 19:36:00 GMT(10)

• Quote:

  Originally Posted by Zigner

  Really? The contract was entered in to in California. So, the court may very well have jurisdiction.

  Hi, but are you talking about the contract between PayPal or eBay and the seller? Because in that case I agree, the contract was entered in CA but that doesn't have anything to do with me.
  Now, if you are talking about the actual purchase of the item, I think that the transaction was made in Connecticut in the exact moment when I click "Buy it now". This is the state where I bought it and this is the state from where I made my payment. According to this, even when the item was in CA, the business transaction was made in Connecticut, dont you think?
• Wed, 29 Oct 2008 14:22:00 GMT(11)
• Are you being sued in California small claims court, or in another California court?
• Wed, 29 Oct 2008 15:07:00 GMT(12)
• $475.00, or $475,000? The first is small claims, the latter is unlimited jurisdiction.
  When I had a dispute, as a buyer, against a seller in Virginia who sent me counterfeit currency (supposed to be foreign currency, and I got what looked like monopoly-type money, but was definitely not what I paid for), I contacted the police and had a consultation with an attorney. Since it wasn't domestic money, no charges could be filed. Also, the suit would have to be filed in the defendant's state. As the attorney explained to me, this is to prevent people from filing lawsuit against people they know to be innocent, knowing the innocent person's options are to pay what's being asked or pay to travel to defend.
  Contact the court listed on the document you received and make sure they know you are out of state. Also send a certified letter to the court with the case number, your side of the story, and copies of the UPS confirmation that the seller never picked it up. It will go into the file, and I'll bet anything the judge will tell the plaintiff to file where it's supposed to be filed, in your state.
• Wed, 29 Oct 2008 10:51:00 GMT(13)
• Thank you Slammedtgs for making time to answer me.
  I'm 200% ignorant on this matter and I would like to follow your advice but I have no idea how to do that.
  Do I call them? or send them an email? or there is any form that I have to fill out asking to dismiss for lack of jurisdiction?
  Do I have to send a copy of this to the plaintiff?
  Thank you very much for your time.
• Wed, 29 Oct 2008 19:16:00 GMT(14)

• Quote:

  Originally Posted by Slammedtgs

  Now, the legality issues. Defamation, if you could provide the words used against him for us to view it would be a great help.
  Here are some defenses to defamation:
  Truth - Truth is an absolute defense, if its true you have the right to say something
  Privilege - this does not apply to you or your case - it would apply to people like congressman

  What I wrote in the feedback was:
  "DISGUSTING" The camera is refurbished and he advertise as new. Not recommended"
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