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How do I change the venue

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PopRock

Junior Member
My question involves small claims court in the state of: California.

I have an ebay user in the state of Texas who wants to sue because the item that he received was damaged. I asked for the item back and I would be 100% willing to refund the buyer (I don't want an angry customer). However, the item never came back as the buyer claim that he sent it back. NO delivery confirmation, no insurance, etc. The item was apparently lost in the mail (so the buyer claims). This is a no brainer case...I understand that. The buyer has to provide proof that the item was sent back and there is no proof as such. However, the buyer thinks that because the item came to him damaged, he has a case and should not be liable for the damages. I personally think the buyer is trying to swindle me out. Item was well packaged beyond belief. Pay Pal and eBay will NOT give him his money back, because he has no proof that he mailed the item back and I have no proof of receiving item back.

However, this has not stopped this buyer from filing a small claims case against me in the State of Texas for the amount of the damage (which amounts to $900). Here is my dilemma...I am not about ready to fly to Texas to defend this buyer's claim. I am the seller and I live in San Francisco. The buyer purchased the item from my selling location of San Francisco. The item was sent from the San Francisco post office. How do I go about changing the venue of the court or petitioning the court in order that the case is heard in my jurisdiction, as opposed to Texas? What form do I fill out or how do I go about petitioning or challenging the venue?
 


Proserpina

Senior Member
My question involves small claims court in the state of: California.

I have an ebay user in the state of Texas who wants to sue because the item that he received was damaged. I asked for the item back and I would be 100% willing to refund the buyer (I don't want an angry customer). However, the item never came back as the buyer claim that he sent it back. NO delivery confirmation, no insurance, etc. The item was apparently lost in the mail (so the buyer claims). This is a no brainer case...I understand that. The buyer has to provide proof that the item was sent back and there is no proof as such. However, the buyer thinks that because the item came to him damaged, he has a case and should not be liable for the damages. I personally think the buyer is trying to swindle me out. Item was well packaged beyond belief. Pay Pal and eBay will NOT give him his money back, because he has no proof that he mailed the item back and I have no proof of receiving item back.

However, this has not stopped this buyer from filing a small claims case against me in the State of Texas for the amount of the damage (which amounts to $900). Here is my dilemma...I am not about ready to fly to Texas to defend this buyer's claim. I am the seller and I live in San Francisco. The buyer purchased the item from my selling location of San Francisco. The item was sent from the San Francisco post office. How do I go about changing the venue of the court or petitioning the court in order that the case is heard in my jurisdiction, as opposed to Texas? What form do I fill out or how do I go about petitioning or challenging the venue?

You do neither!

You file to have the suit dismissed. Check the county's website - many have forms available online.

Make HIM come to YOU. Not vice versa.
 

sandyclaus

Senior Member
Here is a page I stumbled upon from the California Courts website that tells you, among other things, how to challenge venue by writing a letter to the court (see the last 3-4 pages):

http://www.courts.ca.gov/partners/documents/howto.pdf

Note that this applies to the California court system, and not specifically to Texas, but I'm sure that there may be a similar procedure by which you can write a letter to the court to challenge venue as well.
 

PopRock

Junior Member
I agree that he should come to me. I have been doing a little researching in requesting for the case to be dismissed altogether...I just haven't found the right form. Would I just draft a general letter with all the legal junk therein and submit it to the judge. What is that time of response or form called (request for dismissal)?
 

OHRoadwarrior

Senior Member
Here is an interesting example, complete with citations.

http://docs.justia.com/cases/federal/district-courts/texas/txndce/3:2008cv00163/174011/4/0.pdf
 

PopRock

Junior Member
Here is an interesting example, complete with citations.

http://docs.justia.com/cases/federal/district-courts/texas/txndce/3:2008cv00163/174011/4/0.pdf
That is a nice petition! I could copy and paste that into a new document (which I have) and just tune it up to fit my predicament. Actually, I have never been to the state of Texas in my entire life (I know...deprived). I am assuming the paragraph symbols in that document should be removed. They just don't look like they belong in that document.
 

tranquility

Senior Member
No. As Proserpina wrote, this is not venue, but jurisdiction. Nor is it federal court, but state. The distinction is important because a federal court would have personal jurisdiction, but not subject matter jurisdiction. This state court has subject matter jurisdiction, but MAY not have personal jurisdiction. (But, probably not.)

In grown-up court, the answer is a special appearance where jurisdiction is challenged. Just an answer admits jurisdiction. In small claims? Do research to find the path. But, I might not worry too much about it. What will the result be? Collecting on an out of state small claims judgment is not an easy path. At some point they would have to domesticate it and you could fight jurisdiction (maybe, service) then.

Still, first would be to see if there is a small claims in Texas method of challenging personal jurisdiction.
 

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