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09-10-2008, 11:17 PM
| | Junior Member | | Join Date: Sep 2008
Posts: 3
| |  Help! Being sued by ebay seller across the country.
Background:
I am a Texas resident being threatened with a small claims lawsuit in NYC by a ebay seller who resides in NYC. Long story short, I purchased an item ($120) that never worked and when he and I could not reach a resolution, I filed a claim on PayPal to get a refund. I've been informed by the seller if PayPal decides in my favor, they will file a suit in small claims against me and subpoena me to show up in court. While I'd love to have my day in court, I'd lose money whether I win or not based on transportation costs alone.
Questions:
1. Is it possible to defend my case from Texas through mail?
2. Is it likely a judge would allow a change of venue to a small claims court in Texas? If so, how would I go about changing the venue?
3. Does the seller have grounds to sue me since I technically fulfilled my obligations by paying them?
4. Would PayPal be the liable party in this mess since they are performing all the transactions by their own choice, or does PayPal have legal protection as an arbitrator?
5. Are they any precedents similar to my case?
Thank you for taking the time to read and answer my post. I'm not even twenty and I simply don't have the knowledge to even defend myself in a small claims court. Any help you can give me will be much appreciated.  |
09-10-2008, 11:36 PM
| | Member | | Join Date: Aug 2008 Location: Virginia
Posts: 293
| | | The seller would have to sue you in Texas small claims court. |
09-11-2008, 12:05 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 3
| | | Thank you for your reply, but could you please explain why they'd have to sue me in Texas? I looked up NY Small Claims and it says as long as I transact business within the state of New York, I'm able to be sued there. Wouldn't purchasing something from a seller in New York online mean I transacted business there? |
09-11-2008, 12:18 AM
| | Member | | Join Date: Aug 2008 Location: Virginia
Posts: 293
| | Quote:
Originally Posted by s.r.varga  Thank you for your reply, but could you please explain why they'd have to sue me in Texas? I looked up NY Small Claims and it says as long as I transact business within the state of New York, I'm able to be sued there. Wouldn't purchasing something from a seller in New York online mean I transacted business there? | The key word is "within". You transacted business with someone who is in New York. However, you were not in New York, and so you did not transact business while being in the state of New York.
If for some reason they let the seller file in NY small claims court, you would file a Motion to Dismiss due to Lack of Jurisdiction. |
09-11-2008, 12:27 AM
| | Member | | Join Date: Aug 2008 Location: Virginia
Posts: 293
| | | From the NY Guide to Small Claims Court:
You must sue in a court having Small Claims Court in an area where the defendant lives or works or has a place of business.
[url=http://www.courts.state.ny.us/Ithaca/CITY/webpageGuidetoSmallClaims.html]A Guide to Small Claims Court[/url] |
09-11-2008, 01:32 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 3
| | | Ah, thank you very much doctor. | |
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