I'm being sued for an eBay seller from a different state

[ajoselondono]

What is the name of youI purchased a digital camera listed as “Brand new and in its original retail package”. When I got the camera I notice that the camera wasn’t as described, the box wasn’t the retail package and the camera didn’t looked brand new, in fact I think it was refurbished.
I contact the seller letting him know that I wanted to return the item. After numerous emails we couldn’t resolve the issue so I post a negative feedback, I initiate a dispute and after that a claim and finally PayPal determined that I was entitled to a refund for the transaction, I just had to return the camera with a valid tracking number.

I did that but seller never received the camera, UPS left three notices at seller’s house so he could arrange something but I guess he never called, at the end the camera came back to me, I called PayPal and they give me a partial refund, I paid 450.00 USD and I received only 200.00 USD.

But then the real problem came by regular mail after a week or so. I received a notice that I was been sued in the state of California (I live in Connecticut) for 475,000.00 USD!!!, yeap, you read it right, 475,000.00 USD for damaging his name because of the feedback, plus according to him he’s going to get homeless because he’s not able to sell any more (ebay and paypal froze his account) and bla bla bla.

He’s more a buyer than a seller; the last time he sold something was in 2003, 5 years ago, so clearly this is not how he makes his living. Anyway, the point now is.
Does he have the right to suit for hat?
Does California have any jurisdiction in Connecticut?
Does he have to suit me here?
Do I have to get a lawyer or even worst, do I have to go to Cali?

Please help, I really need it.

Thank you in advance.

 

[Slammedtgs]

This is an interesting claim.

States do have the power, through the long arm statute, to being out of state defendants into their jurisdiction. From my understanding of this statute it is usually used when the plaintiff if the buyer of a good from a company that has minimal contacts with the state. I think this also only applies to business

So, I dont believe that Cali has jurisdiction over you since you are not a seller or a good, and dont regularly deal in Cali. For him to sue you and the state to have jurisdiction I believe he would have to come file in your state.

California could have Quasi in Rem Jurisdiction if you own property in the state.

I dont want to say "dont worry about" as legal matters should never be ignored, but California will likely decided they dont have jurisdiction when he goes to court.

Not sure about this, but maybe you can respond by mail askng the court for a motion to dismiss for lack of jurisdiction over you

 

[ajoselondono]

Thank you Slammedtgs for making time to answer me.
I'm 200% ignorant on this matter and I would like to follow your advice but I have no idea how to do that.
Do I call them? or send them an email? or there is any form that I have to fill out asking to dismiss for lack of jurisdiction?
Do I have to send a copy of this to the plaintiff?
Thank you very much for your time.

 

[thedoctorisin]

Are you being sued in California small claims court, or in another California court?

 

[Slammedtgs]

Generally, if you fail to appear you will have a judgment entered in your name, however since the court has no jurisdiction over you they can no enter a judgment against you.. Unless the plaintiff files in your state the court does not have jurisdiction.

I would fully expect the court to dismiss the case. It would be best to contact the court though. Give them a call, it wont hurt

 

[ariastar]

$475.00, or $475,000? The first is small claims, the latter is unlimited jurisdiction.

When I had a dispute, as a buyer, against a seller in Virginia who sent me counterfeit currency (supposed to be foreign currency, and I got what looked like monopoly-type money, but was definitely not what I paid for), I contacted the police and had a consultation with an attorney. Since it wasn't domestic money, no charges could be filed. Also, the suit would have to be filed in the defendant's state. As the attorney explained to me, this is to prevent people from filing lawsuit against people they know to be innocent, knowing the innocent person's options are to pay what's being asked or pay to travel to defend.

Contact the court listed on the document you received and make sure they know you are out of state. Also send a certified letter to the court with the case number, your side of the story, and copies of the UPS confirmation that the seller never picked it up. It will go into the file, and I'll bet anything the judge will tell the plaintiff to file where it's supposed to be filed, in your state.

 

[ajoselondono]

Are you being sued in California small claims court, or in another California court?

I'm not completely sure, the paper I got says:
"Santa Clara County Superior Court".

It is a civil case and is under Category: Defamation - Unlimited

 

[ajoselondono]

$475.00, or $475,000? The first is small claims, the latter is unlimited jurisdiction.

Is 475,000.00 USD, totally ridiculus

Contact the court listed on the document you received and make sure they know you are out of state. Also send a certified letter to the court with the case number, your side of the story, and copies of the UPS confirmation that the seller never picked it up. It will go into the file, and I'll bet anything the judge will tell the plaintiff to file where it's supposed to be filed, in your state.

I contact them and the give me a bunch of forms numbers that I have to fill and send to the court and the plaintiff. They told me that I have to pay 320.00 for those orders to be filled in my case or that I have to fill even more forms to waive those fees but that applies if I don’t have a job. I have a business and I’m really struggling right now with the economy as it is so I guess they’re going to run my SSN and find out about my business?

Or should I just ignore the whole dam thing and wait to see what the court is going to say.

 

[ajoselondono]

I don’t know what to think anymore, since I’m been sued for such a stupid amount, 475.000 (four hundred and seventy five thousand dollars) is suppose to be unlimited jurisdiction. Does this mean that CA court has jurisdiction over me?

 

[Slammedtgs]

Well, first of all 475K if a ridiculous sum of money for the presumed wrong. How much feedback did this person have on Ebay. Per the terms of use on ebay and paypal - you agree to dispute resolution in the event of a complaint. You also agree that paypal is allowed to decided on the complaint (read paypal user agreement section 11-13)

Now, the legality issues. Defamation, if you could provide the words used against him for us to view it would be a great help.
Here are some defenses to defamation:
Truth - Truth is an absolute defense, if its true you have the right to say something
Privilege - this does not apply to you or your case - it would apply to people like congressman

Lets go over some other things.
Inorder for the court to to have jurisdiction over a case it must have:
Subject matter jurisditcion - Divorce court cant hear cases on murder ect, so he must file in the right court.
Personal Jurisdiction - The court must have jurisdiction over the people in question - this is not the case, as California state court does not have jurisdiction over non state residents

Since what we are looking at here is an amount over 75,000 dollars and parties in two seperate states you have the following right of removal jurisdiction (unless the plaintiff files in your home state)

You have the right to petition the court to remove the case to the Federal court - this is to provide fairness and unbiased judges to both parties. ( it is presumed that in state judges would favor instate parties so its for fairness)

IM not sure on what you would do petition the court for removal jurisdiction or just to dismiss the case because they legally have not jurisdiction over you

 

[Slammedtgs]

here - go to this site, follow link or pm me for detail

Fill out the form, and file it with the courthouse - you can fax it
http://www.courtinfo.ca.gov/forms/fillable/civ110.pdf

I searched for your case at that courthouse and was unable to find it, would you mind pming the case number.

Oh yeah, reason for dismissal is lack of jurisdiction over defendant

 

[Zigner]

here - go to this site, follow link or pm me for detail

Fill out the form, and file it with the courthouse - you can fax it
http://www.courtinfo.ca.gov/forms/fillable/civ110.pdf

I searched for your case at that courthouse and was unable to find it, would you mind pming the case number.

Oh yeah, reason for dismissal is lack of jurisdiction over defendant

Really? The contract was entered in to in California. So, the court may very well have jurisdiction.

 

[ajoselondono]

Now, the legality issues. Defamation, if you could provide the words used against him for us to view it would be a great help.
Here are some defenses to defamation:
Truth - Truth is an absolute defense, if its true you have the right to say something
Privilege - this does not apply to you or your case - it would apply to people like congressman

What I wrote in the feedback was:
"DISGUSTING" The camera is refurbished and he advertise as new. Not recommended"

 

[ajoselondono]

I searched for your case at that courthouse and was unable to find it, would you mind pming the case number.

This is the direct link:
Superior Court of California, Santa Clara County

This is the case#:
108CV124507

Let me just add that I've been so scared since the day I received the envelope with all these papers, but since the day I wrote here and I saw how many people is willing to provide some advice I stop felling alone. Thank you very much; you guys don't know how important it's been to me knowing that there are actually people trying to help me out.

 

[ajoselondono]

Really? The contract was entered in to in California. So, the court may very well have jurisdiction.

Hi, but are you talking about the contract between PayPal or eBay and the seller? Because in that case I agree, the contract was entered in CA but that doesn't have anything to do with me.

Now, if you are talking about the actual purchase of the item, I think that the transaction was made in Connecticut in the exact moment when I click "Buy it now". This is the state where I bought it and this is the state from where I made my payment. According to this, even when the item was in CA, the business transaction was made in Connecticut, don’t you think?