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?
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?