Small Claim Suit against minor

[nochoice]

I have sued what turns out to be a minor. He bought something from me on Ebay and said he dropped the payment in the mail and so I sent the item, but he never paid. What will happen when I go to court? Will the judge throw it out because he's a minor? Will I be able to at least demand that the item be returned to me? I have to travel out of state to go to the court and in the suit I added these costs (can I do that?)... any other advice?

 

[I AM ALWAYS LIABLE]

My response:

Read all of this :
http://www.lamission.cc.ca.us/law/bus1su99/chp15out.htm

Also, your expenses incurred to sue are your problem, with the exception of the court filing fees, and costs of Personal Service of the complaint, if you should win. Any other expenses you incur will not be made a part of any judgment.

IAAL

[Edited by I AM ALWAYS LIABLE on 07-24-2001 at 07:02 PM]

 

[nochoice]

very helpful... thank you.
But some questions remain... if he has the goods and I don't have the money yet is this a fully executed contract? Does that affect anything? And if I understand correctly, he would have to return me to the position I was in before the sale, which would include reimbursement for the shipping? And if he lost or damaged it... then what? I really want to be prepared.

 

[crusheroz]

Not to be rude, but why did you sent the item out before you got payment? That might be a question that the judge will ask you.

 

[nochoice]

he said he put the money order in the mail... i was leaving on a two week vacation, so I trusted he did it and sent it so he wouldn't have to wait two weeks... bad decision on my part i know...