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Old 08-28-2008, 06:24 PM
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eBay Sale - injured - being sued in Canada - can they collect?


What is the name of your state (only U.S. law)? Indiana

We sold a water ski tube thru eBay to a Canadian who then proceeded to get injured on it. We are not the manufacturer, simply the retailer. The injured sued the manufacturer (and us), so the manufacturer declared bankruptcy, now they are coming after us. We don't have enough money to defend this lawsuit much longer, so I am wondering what happens if I don't defend the lawsuit, and let them proceed. I would obviously drive to Canada for the Court Date, and explain that I was just the retailer, and I never touched, modified, or implied any type of safety guarantee, and am not liable for his injuries.

My question is, even if they do get a judgement in a Canadian court, would they be able to enforce it in Indiana? Especially since Indiana is one of only 3 states in the USA that have not put the Unified Foreign Money Judgement Recognition Act into our state laws.

Read more on that Here: [url=http://en.wikipedia.org/wiki/Enforcement_of_foreign_judgments]Enforcement of foreign judgments - Wikipedia, the free encyclopedia[/url]

Any thoughts or advice? If they win, we declare bankruptcy, if they loose, they just waisted alot of time and their money.What is the name of your state (only U.S. law)?
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Old 08-28-2008, 06:28 PM
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Originally Posted by frizzo22 View Post

Any thoughts or advice? If they win, we declare bankruptcy, if they loose, they just waisted alot of time and their money.What is the name of your state (only U.S. law)?
US Law Only!
With that said...I'm guessing the bolded section pretty much sums it up!
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