Sold Car, Getting Sued, Need Venue HELP!

[Engineer427]

What is the name of your state? Illinois

I am the defendant, I sold a car on internet, it was posted on eBay. A guy emailed me, made arangements to buy it off the auction, I cancelled the auction. He lives in southern ILL and I live in nothern ILL so he agreed to come and get the vehicle, a 25 year old VW mini truck called a Caddy, sold it for 5200.00. He took it home, all good and everything, and then a month later told me that the truck had rust and repair work on the frame. I had in the ebay description that the body had no rust on it and he is saying that I commited faud. He then filled a suite against me for this matter requesting I take the vehicle back and pay him 6000.00 for the car and his troubles. I said no way, car is sold used.

I am in court now and he filled the suite in his county, not in mine. This is wrong, right? Proper venue resides with the defendant and/or the bulk of the transaction. He should have to file in my county, right?

Well, here is the kicker. I had court a month ago and being this county is 5 hours away from me and I am at college, I had to hire a lawyer to represent me. I asked for him to motion change of venue and the judge denied it. She said that the ebay "linked" sale made it so that the venue resides where ever because ebay is global. This is wrong, right? What can I do? I am so lost with this, the judge must be getting paid off, looks like a no brianer to me to make the call to have the case moved to my county, where I the defendant reside.

thank you for any help, Adam

 

[JETX]

I am in court now and he filled the suite in his county, not in mine. This is wrong, right? Proper venue resides with the defendant and/or the bulk of the transaction. He should have to file in my county, right?

Not necessarily. See (2) below

Illinois Code, 735 ILCS 5/2‑101
Generally. Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.

However, I think that a good argument could (should?) have been made that the entire contract was transacted in your county... and thereby jurisdiction should have been there. Further, your post says that the transaction did NOT occur through ebay... so that should have also been pointed out.

This is wrong, right?

See above. The problem you have now... is that the clock is running (if not already expired) on your time to appeal the ruling.

 

[LindaP777]

When it comes to buying/selling "used cars", doesn't the phrase "buyer beware" come to mind, and aren't the sales on private sales "final"? I don't see how the guy will win. If he was in doubt of the quality of a 25 year old , $200 car, he should have had it inspected by a professional before he bought it.
As far as location of court, I believe you are correct and he should have filed in your county, not his.
OP, please post back with the outcome.
Good Luck!

 

[Engineer427]

It seems that the small county that he is in wants to keep the case there. I think that there is something going on with the judge and the plantiff or something of that matter. It just seems that the judge is not looking to the right action for the matter.

Any info on what I can do will be helpful, like past cases that have resulted in good on my hald or any tips that will help me in court, thank you.

 

[JETX]

Any info on what I can do will be helpful, like past cases that have resulted in good on my hald or any tips that will help me in court, thank you.

If you want state specific case research, you are going to need to get a local attorney. This forum does not have attorneys standing by in every state or county just waiting for your post.

 

[Engineer427]

I have a local attorney and he agrees but the Judge found this case different I guess. The judge is screwing me and I think it is cause she wants the case down there in her county.

And now the Plantiff wants to move this from a SC to an LM and claim 15000.00 in punitive damages.