Can I request Case to be moved to my state?

[potato1]

I live in California, and my problem came about from a Best Buy gift card I sold on Ebay for $550.00. The buyer claimed he never received the card and I was stupid and did not get tracking, however have proof that he did in fact receive it. I know the exact store he used it in, what he bought, as well as proof that it was him because there was a balance left on his purchase that he paid for with his ATM/Debit card. He lives in Texas. If I want to sue him I have to go there. If I could afford that I would not be complaining about losing the money, but can't so I am curious to know what if any chance I might have in requesting the case to be moved to CA. I know they are T.V. shows but people go on those court shows from all over, and are not in the state they have to be filing in. I just thought maybe there is some small possibility that I could ask a judge and if so would it be in CA or TX I would ask or both states. It's worth a try.....maybe?

 

[tijerin]

You have to sue him in his state, if you want to sue him. Of course, you could always file here but all he'd have to do is file a Motion to Dismiss and the case would be dismissed.

 

[JETX]

I just thought maybe there is some small possibility that I could ask a judge and if so would it be in CA or TX I would ask or both states. It's worth a try.....maybe?

Absolutely... it is worth a try. In this case, you have a fairly solid argument that California has jurisdiction.
Simply, go ahead and file in your state. If the defendant files a motion challenging venue, simply argue that the eBay is a California corporation and, since one party is also in CA, that the court has jurisdiction.
If he doesn't challenge, you will likely get a judgment against him.... but then you will have to domesticate the judgment into Texas to pursue any assets he may have.

 

[You Are Guilty]

How about a Plan B?

Say "Hi" to Rusty for me!

(I think they may shoot in NYC now though).

 

[JETX]

Say "Hi" to Rusty for me!

Bad news.... Rusty Burrell died April 15, 2002, as a result of lung cancer.
http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=6358291&pt=Rusty Burrell

 

[potato1]

Or how do you get on those court shows?? Do you have to file a case first? Wait even better ......Has anyone out there ever sued Paypal before??

 

[JETX]

Or how do you get on those court shows?? Do you have to file a case first?

Call the shows and ask. Most of them have toll-free numbers or email. And yes, both parties have to agree for the 'television court' to hear the case.

Has anyone out there ever sued Paypal before??

Yes, PayPal has been sued. Some they won, some they didn't. Information on a large class action where they didn't can be found at:
http://news.com.com/2100-1017-842240.html
http://www.settlement4onlinepayments.com/