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"Item not as described case won" on eBay. Out of state seller wants to sue

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smdieter0

Junior Member
What is the name of your state (only U.S. law)? Virginia

I bought a laptop that had a faulty dedicated graphics card but described as perfect working condition on eBay. I opened and won a case for it and was issued a refund. The seller never provided ebay or me with return details so ebay told me to hang on to the item for 30 days before getting rid of it. I did and sold it on the 31st day. The seller contacted me through ebay and my personal email to tell me they are "dragging my butt to Connecticut" (I live in Leesburg, VA) and suing me in small claims court for the value of the laptop. USPS tried to deliver Registered Mail today but I was not home.
Can they sue me out of state in small claims court even if were residents of different states? (My understanding is they would have to come to VA to do so)
Should I accept the Registered Mail?
 


tranquility

Senior Member
It is silly to not "accept" mail. It helps you to discover the claim.

I agree it is unlikely the Connecticut courts would have jurisdiction over you. However, the facts matter and we don't have all the facts. Don't just assume you cannot be sued successfully until you look through some things on jurisdiction with a neutral eye on your facts.
 

OHRoadwarrior

Senior Member
If you accept a certified mail summons, you are subject to that courts jurisdiction by reason of accepting service. Do not ever sign for registered mail until you have figured out who sent it and hopefully why.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Virginia

... The seller contacted me through ebay and my personal email to tell me they are "dragging my butt to Connecticut" ...
Can they sue me out of state in small claims court even if were residents of different states? (My understanding is they would have to come to VA to do so)
Unless you live in Connecticut or own property in Connecticut, the seller cannot sue you in a small claims court in Connecticut. The seller would have to sue you in Virginia where you reside.

Here is a link to information on Connecticut small claims courts: http://www.jud.ct.gov/faq/smallclaims.html

If the seller decides to sue you in Virginia, here is a link to information on Virginia small claims courts: http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

What was the value of the laptop?
 

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