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Out of State Debtor- Ebay Nightmare

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xcolex

Junior Member
What is the name of your state? Michigan

I bidded an won an engine block and accessories on Ebay
I contacted the seller of the engine and asked him to ship the engine to me in Michigan. Seller lives in IDAHO
After a couple of days the seller contacted me and quoted me a total price of $1292.00 including the shipping via a freight company
I sent the money via paypal (an online payment service) to the seller

The seller contacted me and told me he received the money and would be shipping the engine out within a week

After three weeks, of answered and unanswered calls, I demanded the money back and the next day the seller called me to tell me the engine had been shipped via the agreed freight company

When I was notified that the engine arrived I went to the freight company to pick up the engine, but the freight company would not release the engine do to shipping not being paid. The freight company would not let me pay the money owed and pick up the engine because I was not the one who shipped it. The freight company was also not able to contact the seller either.

So Im out $1292.00 dollars

Well here is what ive done so far.

I contacted Ebay and Paypal. Ebay has disabled his account, Paypal has attempted to contact him via email and phone, and started their fraud investigation. Paypal says I have no protection ( No money coming back from them ) because I delt with an Ebayer with a level 2 feedback...

So I have filed a lawsuit in small claims court for the money and fees in Michigan.
I have notified the seller through the court and mailed him several letters to his residence with no reply from him. Two certified and two regular mail with unmarked envelopes

MY real questions are?

1. Did I properly file in the correct court, since my bank account, ebay accout, and computer are all in Michigan? "I figured since everything started here I should file here."


2. If I receive a default judgement from the Michigan Court because the seller does not show or send representation how do I collect from him out of state? I do not know where he works but I do have his social security number, drivers license number, driving record, etc (amazing what you can find on the internet)

3. Is it possible for an out of state default judgement to be assessed on his States Income Tax Refund or Federal income tax refund, and would I file papers for that in IDAHO or in Michigan. Thanks
 


racer72

Senior Member
1. Your Michigan judgment is worthless in Idaho. If the seller does not have any assets in Michingan, you will have to domesticate the judgment in Idaho.

2. As I stated above, your judgment is worthless beyond the borders of your state.

3. No, and the IRS will not honor requrests for garnishments.

Your best and only real option is to sue in the seller's home state and local court. You took a chance on buying out of state and lost. Next time buy locally.
 

xcolex

Junior Member
reply

Malichi
***Sigh**
I was conserned about that..so my only recourse is to obtain an attorney in Idaho and sue him for the attorney fees court costs etc

Next question
If my judgement in Michigan is no good,
What would have happened if the seller lived here, judgement was in Michigan, and then moved out of state?
there has to be a course of action for collection?
 

xcolex

Junior Member
Also
Is filing a sister state judgement in superior court a plausible idea, since he probably isnt going to respond to any court ruling
 

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