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Small claims court suit out of state?

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danseur02

Guest
What is the name of your state? California
I am being threatened with small claims court suit for$1500.00 in Alabama for leaving factual negative feedback about a seller who resides in that state, re an eBay transaction. Seller claims that he will win by default as I am unlikely to appear on my own behalf. The basis of suit is "breach of contract". I sent product back for refund, was told refund forthcoming. Refund not received in a month. Seller did not respond to my e-mail inquiry re when to expect refund. Now seller says "refund was in process, but now won't be made due to negative feedback given by buyer."Seller states that he will proceed with small claims suit in his state if I don't remove negative feedback [which would cost me $20.00]. Can this seller file suit against a Califiornia resident through the Alabama small claims court system?
 


I AM ALWAYS LIABLE

Senior Member
danseur02 said:
What is the name of your state? California
I am being threatened with small claims court suit for$1500.00 in Alabama for leaving factual negative feedback about a seller who resides in that state, re an eBay transaction. Seller claims that he will win by default as I am unlikely to appear on my own behalf. The basis of suit is "breach of contract". I sent product back for refund, was told refund forthcoming. Refund not received in a month. Seller did not respond to my e-mail inquiry re when to expect refund. Now seller says "refund was in process, but now won't be made due to negative feedback given by buyer."Seller states that he will proceed with small claims suit in his state if I don't remove negative feedback [which would cost me $20.00]. Can this seller file suit against a Califiornia resident through the Alabama small claims court system?
My response:

She can do whatever she wants. However, it will have no effect whatsoever on you. Read the following link to learn about jurisdiction, sovereignty, and minimum contacts with the forum (her) State.

https://forum.freeadvice.com/showthread.php?threadid=105623&highlight=minimum+contacts

IAAL
 
D

danseur02

Guest
Thank you for your reply. I appreciate the information very much!
danseur02
 

JETX

Senior Member
In addition to IAAL's post, if you do get served with notice of the lawsuit in Alabama, you might want to respond with a "Motion for Dismissal due to Lack of Jurisdiction". That should shut down their legal process and not allow them to get a default judgment against you.
 
A

a neighbor

Guest
Wondering????

Is this guy's terms of service (TOS) even worth the piece of paper it's written on? Seems as tho he's taken a stance of "Leave me a Negative and I'll SUE!"

Odd, I can't find the chat page that I found this person on, awwww, maybe ebay's protecting the guilty again!

http://www.marsh-net.com/buyers_agreement.htm
 

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