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eBay deadbeat buyer: can I file a small claim?

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C

cmrblue

Guest
What is the name of your state? Connecticut.
My buyer is from Massachusetts; she purchased a $450 antique from me, and was slow to reply to my original email, (she had only 7 positive feedbacks and one other for non-payment, so I was concerned). She did eventually reply (scolding me for "panicking" by sending her a second email) but has not paid, and I just found out she is no longer a registered eBay user! She is not answering my emails or her phone (I think she may be screening her calls).
I have been left with deadbeat bidders before but this one really has me burned; it is a lot of money for me. I would like to pursue this through small claims, as I understand that her winning bid is a legally binding contract and she is obligated to pay me. Can I file in my own state (since this is where the transaction supposedly took place) or must I file in Massachusetts? What is the likelihood of winning this?
I am a seller for 6 years on eBay with 100% positive feedback, and I have been taken advantage of once too many times.
Connie
 


C

cmrblue

Guest
Hi, cmorris,
No, I never sent the item because I was never paid. My question is, can I demand payment (through small claims if necessary) since we have a contract that she has reneged on?
Connie
 
I

I AM ALWAYS LIABLE

Senior Member
cmrblue said:
Hi, cmorris,
No, I never sent the item because I was never paid. My question is, can I demand payment (through small claims if necessary) since we have a contract that she has reneged on?
Connie
Click to expand...

My response:

Are her assets in your State? Probably not.

So, you have two choices:

1. File in Federal Court because you have "Diversity Jurisdiction"; or,

2. File in Small Claims court in her State (where her assets, if any, are located)

However, you could spend all sorts of money on these types of problems and chase rainbows every day. Just chalk it up to the "cost of doing business" on the Internet.

IAAL
 
J

john123456

Member
I AM ALWAYS LIABLE said:
My response:

Are her assets in your State? Probably not.

So, you have two choices:

1. File in Federal Court because you have "Diversity Jurisdiction"; or,

2. File in Small Claims court in her State (where her assets, if any, are located)

However, you could spend all sorts of money on these types of problems and chase rainbows every day. Just chalk it up to the "cost of doing business" on the Internet.

IAAL
Click to expand...

IAAL:

In order to file a case in federal court, aren’t there two requirements:
1) citizens of different states, and
2) the amount in dispute greater than $75k?
 
I

I AM ALWAYS LIABLE

Senior Member
john123456 said:
IAAL:

In order to file a case in federal court, aren’t there two requirements:


1) citizens of different states, and

MY RESPONSE: What do you think "diversity" means? Diversity of Citizenship is one type of Jurisdiction;


2) the amount in dispute greater than $75k?

MY RESPONSE: That's a second type of jurisdiction.


AND THEN, there's the third type: "Federal Question" jurisdiction. Any one or more of these three prerequisites will allow a Federal filing.

In our writer's case, s/he has jurisdiction in Federal Court based upon his/her diversity with the other party living in another State. His/Her State laws will be used in Federal Court. S/he can file locally in Federal Court.

Our writer's only problem will be learning Federal court rules, and procedures.

IAAL
Click to expand...
 
J

john123456

Member
I AM ALWAYS LIABLE said:
john123456 said:
IAAL:

In order to file a case in federal court, aren’t there two requirements:


1) citizens of different states, and

MY RESPONSE: What do you think "diversity" means? Diversity of Citizenship is one type of Jurisdiction;


2) the amount in dispute greater than $75k?

MY RESPONSE: That's a second type of jurisdiction.


AND THEN, there's the third type: "Federal Question" jurisdiction. Any one or more of these three prerequisites will allow a Federal filing.

In our writer's case, s/he has jurisdiction in Federal Court based upon his/her diversity with the other party living in another State. His/Her State laws will be used in Federal Court. S/he can file locally in Federal Court.

Our writer's only problem will be learning Federal court rules, and procedures.

IAAL
Click to expand...
IAAL:

I don't mean to be a pain in the ass. If you would be so kind, I'm a paralegal student looking for clarification.

If I understand you correctly, the fact that citizens live in different states warrants federal jurisdiction irrespective of the amount in controversy? Thanks again for your input.
Click to expand...
 
I

I AM ALWAYS LIABLE

Senior Member
john123456 said:
IAAL:

I don't mean to be a pain in the ass. If you would be so kind, I'm a paralegal student looking for clarification.

If I understand you correctly, the fact that citizens live in different states warrants federal jurisdiction irrespective of the amount in controversy? Thanks again for your input.
Click to expand...

My response:

No, not "irrespective". Even the Federal court has its "lower limit" limitations. But, let's not forget - - it's not just a matter of the $450.00. It could be that our writer can plead other causes of action; e.g., fraud ab initio, or fraud in the inducement; or a few other causes of action that could "raise the bar" in terms of monetary damages being sought. It all depends on how "creative" our writer can get with the Complaint.

IAAL
 
J

john123456

Member
I AM ALWAYS LIABLE said:
My response:

No, not "irrespective". Even the Federal court has its "lower limit" limitations. But, let's not forget - - it's not just a matter of the $450.00. It could be that our writer can plead other causes of action; e.g., fraud ab initio, or fraud in the inducement; or a few other causes of action that could "raise the bar" in terms of monetary damages being sought. It all depends on how "creative" our writer can get with the Complaint.

IAAL
Click to expand...
IAAL:

Thanks for responding. I've found this site an invaluable tool to compliment my education. I appreciate your time and expertise.
 
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