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Want to pursue Legal Action against ebay user

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EbayBob

Member
What is the name of your state? Indiana

Florida ebay user won bid for my football tickets and refused to pay the day before the game. Later I discovered this user bid on 3 other users tickets to the same game and also refused to pay them. This has cost me 620.00, and between all of us a total loss of over 2200.00. We want to pursue legal action against this user, and want to know our options. Do we have to file a small claims in Florida, or is an option filing in California since ebay users are bond by the ebay User Agreement, assuming this may give CA jurisdiction to rule on this case? Can we somehow file one case jointly with just one of us representing the group allowing us to save the cost of 4 of us traveling to Florida or CA? What other options might me have other than letting this person get away with it. By the way.....user has purchased a Mercedes Benz on ebay, and several other tickets and expensive items, so it would appear he has money to burn. Thanks in advance for your help.
 


JETX

Senior Member
EbayBob said:
Do we have to file a small claims in Florida, or is an option filing in California since ebay users are bond by the ebay User Agreement, assuming this may give CA jurisdiction to rule on this case?
You can file anywhere you want, but you may have to prove venue if the defendant challenges. However, if you were to get a judgment, you would have to pursue collection in HIS state, where his assets (if any) are located.
Do you even know if he has any non-exempt assets to try to grab if you win???

Can we somehow file one case jointly with just one of us representing the group allowing us to save the cost of 4 of us traveling to Florida or CA?
Nope. Each case, and victim, will have to be done separately.
 

EbayBob

Member
Response

So are you saying I could file a small claims case here in indiana, have him served the papers, and he would have to appear here if only to dispute venue and have it thrown out? I guess even if Indiana is not the right venue, forcing him to even have to make a trip out here to defend may be more costly to him then just settling and paying me the 620.00, or it may be just him being served legal papers would be enough to trigger that. A lot of people just think you are a playing when you treaten to take legal action, and if the worse that I am out in trying this approach is 30.00 for filing the case, then that may be a cheaper first step. So did I understand you correctly? As far as non-exempt assests....I assume they way he travels across the country just to attend ballgames, and what I have seen him spend on tickets, plus where he lives, I am guess he has at least some money saved in a checking or savings account.
 

JETX

Senior Member
EbayBob said:
So are you saying I could file a small claims case here in indiana, have him served the papers, and he would have to appear here if only to dispute venue and have it thrown out?
Nobody said anything about his having to appear in your court.... only that he could file a motion for dismissal due to lack of jurisdiction. If the court agrees with his motion (and it can be ex parte), then your case would be dismissed.

So did I understand you correctly?
Nope. See above.
 

EbayBob

Member
I guess what I am trying to understand is if it may be a good first step to file the case here in Indiana, or if you feel that is a total waste of time? Sure it may get thrown out, but there's a chance it may also trigger him to just pay me to avoid the hassles of filing a motion of dismissal, assuming he even knows what that is. Again...most people dont think a person will pursue legal action, so just being served papers may be enough to trigger him to pay. I dont know what's involved(cost, hassle) in a person filing a motion of dismissal, and proving wrong venue, and getting it thrown out, but it may be enough of a pain to this guy than just paying me $620.00. And if all I am out is 30.00 to file, it may be worth it if all that happens is it gets thrown out and I file again in Florida.

Your Thoughts?
 
EbayBob said:
I guess what I am trying to understand is if it may be a good first step to file the case here in Indiana, or if you feel that is a total waste of time? Sure it may get thrown out, but there's a chance it may also trigger him to just pay me to avoid the hassles of filing a motion of dismissal, assuming he even knows what that is. Again...most people dont think a person will pursue legal action, so just being served papers may be enough to trigger him to pay. I dont know what's involved(cost, hassle) in a person filing a motion of dismissal, and proving wrong venue, and getting it thrown out, but it may be enough of a pain to this guy than just paying me $620.00. And if all I am out is 30.00 to file, it may be worth it if all that happens is it gets thrown out and I file again in Florida.

Your Thoughts?
Rumor has it, JETX's crystal ball is in the repair shop.
 

MISTBHAVEN

Junior Member
Hello,
I would suggest fileing a report/complaint with the attorney general in the state the would be buyer lives. All of you should do this. You can file online.
The attorney general will investigate. and make the persons life quite difficult.
Provide all imformation you can including , the buyers address and phone number. You can get this on the ebay web site in buyers contact imformation. Also on ebay file a non paying bidder form.
This has worked well for me resulting in paid in full.
Debra
 

JETX

Senior Member
MISTBHAVEN said:
Hello,
I would suggest fileing a report/complaint with the attorney general in the state the would be buyer lives. All of you should do this. You can file online.
The attorney general will investigate. and make the persons life quite difficult.
And of course, that is not true. The HUGE majority of the AG's out there will not get involved in a single (or even double) civil complaint.

Where do people get the idea that the state AG's office is somehow a group with unlimited resources, just sitting there waiting for someone to contact with a complaint.... much less one involving a few hundred $$'s on ebay???
 

EbayBob

Member
Thanks Mistbhaven....I filed the complaint with the AG just a few minutes ago and we will see if anything becomes of it.

And JETX, I appreciate your feedback as well. Yes it may be just a few hundred $$, 2,200.00 to be specific, but it's the principal of the thing for me. People like this person shouldnt be allowed to bid on ebay, and even if I do end up taking him to small claims in florida, and it costs me 620.00 to do it, it will be worth it just to see justice served.....and besides....I have never been to Florida....I here it's nice. :cool:

Oh...and JETX....you really didnt answer my question from my last response on if you felt my filing a small claims in Indiana as more a method of triggering this person to pay would be more a waste of time, or a good first step. Obviously if this person is a lawyer, then I can see it being a wasted effort. But if he is legally handicapped like me, maybe just the fear of a potential law suit would cause him to pay.

Thanks in advance for your feedback JETX
 

JETX

Senior Member
EbayBob said:
you really didnt answer my question from my last response on if you felt my filing a small claims in Indiana as more a method of triggering this person to pay would be more a waste of time, or a good first step.
That is because I don't know the buyer.... or you for that matter. I have no way of knowing whether your filing would prompt him to pay or not. Or whether it may end up a waste of time, or not. Or whether it is a 'good step', or not. I can tell you it is an action that could lead to a positive outcome.... or not. :D
 

HomeGuru

Senior Member
JETX said:
That is because I don't know the buyer.... or you for that matter. I have no way of knowing whether your filing would prompt him to pay or not. Or whether it may end up a waste of time, or not. Or whether it is a 'good step', or not. I can tell you it is an action that could lead to a positive outcome.... or not. :D

**A: Excellent response.
 

EbayBob

Member
JETX

OK.....I understand you dont know the person and neither do I for the most part. But can you tell me this....

He is served papers that a small claims case has been filed against him and is ordered to appear in court in Indiana. What would he have to do to file a motion for dismissal due to lack of jurisdiction? Is this an easy process, or does it take some effort or money on his part? To me, if I am him and have money, this may be more of a pain just doing this than just paying $620.00 and being done with it.
 

JETX

Senior Member
EbayBob said:
He is served papers that a small claims case has been filed against him and is ordered to appear in court in Indiana. What would he have to do to file a motion for dismissal due to lack of jurisdiction?
Again, I won't even attempt to 'predict' what someone else may or may not do... but will tell you what I would do (or suggest) in that situation.
That is to file a Motion to Dismiss with the court. This would be a one or two page filing (depending on the full extent of my 'proof' of lack of jurisdiction/venue).

Is this an easy process, or does it take some effort or money on his part?
Very easy. Cost is maybe an hour of time in drafting the motion (with a few coffee breaks) plus $0.37 stamp.

To me, if I am him and have money, this may be more of a pain just doing this than just paying $620.00 and being done with it.
Again, no one can predict what he might do. If he has half the funds you think he has.... he might just hire an attorney to file the motion for him.
 

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