Out-of-state plaintiff options (Michigan Small Claims)

[tstearns78]

Unfortunately, I am the victim of an online transaction gone bad. I entered in an online agreement (Ebay) with a buyer from Michigan. Due to confusion on Ebay's website, the item (purchased at $199.99 + $13.00 shipping) was shipped to the buyer, as it was believed he had made payment for the item. Unfortunately, this was not the case, but rather a misinterpretation of Ebay's sold $ feature. The buyer received the item as confirmed by both USPS tracking and his own buyer feedback. There is no dispute as to whether the item was received or in working condition, but simply payment was not made. Unfortunately, the buyer believes I will not pursue him in court because I live in the state of Maine, and I would like to know what options are available to me. I am originally from Chicago, and most certainly would take a vacation to travel back home and to Michigan, if it meant confronting him in court; although that is not a preferable option.

If it is necessary that I be present (in-person) in Michigan small claims court, can I sue for travel expenses and time missed from work? Or, is it possible to phone-in or other alternatives for out of state plaintiffs, as is done in other countries (such as, Australia)?

I greatly appreciate any assistance!

 

[sandyclaus]

Unfortunately, I am the victim of an online transaction gone bad. I entered in an online agreement (Ebay) with a buyer from Michigan. Due to confusion on Ebay's website, the item (purchased at $199.99 + $13.00 shipping) was shipped to the buyer, as it was believed he had made payment for the item. Unfortunately, this was not the case, but rather a misinterpretation of Ebay's sold $ feature. The buyer received the item as confirmed by both USPS tracking and his own buyer feedback. There is no dispute as to whether the item was received or in working condition, but simply payment was not made. Unfortunately, the buyer believes I will not pursue him in court because I live in the state of Maine, and I would like to know what options are available to me. I am originally from Chicago, and most certainly would take a vacation to travel back home and to Michigan, if it meant confronting him in court; although that is not a preferable option.

If it is necessary that I be present (in-person) in Michigan small claims court, can I sue for travel expenses and time missed from work? Or, is it possible to phone-in or other alternatives for out of state plaintiffs, as is done in other countries (such as, Australia)?

I greatly appreciate any assistance!

Short answer: NO.

If you choose to sue, you must do so in their ballpark (Michigan). While many courts have a telephone appearance option, I'm highly doubt that this option is available to you for the Small Claims case. Michigan Small Claims does not allow for attorney representation, so hiring an attorney to appear for you isn't an option either. And NO, you cannot claim your travel expenses or time missed from work towards your small claims case - these are not reimbursable expenses under the law.

 

[swalsh411]

You learned a valuable less on not shipping items until confirming payment and it only cost you $212.99.