BS Claim

What is the name of your state? New Jersey
the other plantiff is located in fairfax, virginia

I'm 19 years old


the 1st of april I will have to go to a trial for the most retarded case ever...

it started around the beginning of december when I won an auction on ebay for an x800 video card ...for $405.00...prior to making the highest bid and winning the item, i communicated with the guy through email just basically asking for more info on its condition, how new it is, etc and he responded back to me with all the answers...the guy had a perfect rating and seemed legit....I sent the guy the money using the paypal buyer credit the same day I won as the highest bidder for the auction...

I waited for about 4-5 days to get some type of confirmation that he sent out the item or anything even a ups tracking number..and I got nothing at all....I sent him numerous emails and I got nothing back...So I looked up his phone number on ebay and gave him a call...turned out it was a fake number....so thats when i figured i was scammed....

I talked to ebay support staff about this and they said I should file a dispute with both ebay/paypal...after I did that about a week later both companies investigated into the whole thing further and not only did ebay suspend the users account for having invalid account information, paypal even granted my full claim of $405.00 back....

keep in mind this all happened around the beginning of december....a few days ago i get a letter in the mail with some claim from the commonwealth of virginia with the guy that this ebay case happened with that totals up to 704.00 with a court summons for the 1st of april...I can't bring a lawyer or anything since its a small court claims thing....and this court is all the way down in fairfax virginia...the thing is I'm going to have to travel all the way down from NJ just to attend this bull**** trial ....some of my friends are telling me to countersuit the guy and I can claim up to $1500 from him..but really at this point I'm not sure what I should do...

and in the middle of all this, my parents are in the process of moving.....

im new to this forum, but as you can see im desperate, please accept my apologies if i posted in the wrong forum....

I just don't know what to do, and any advice would be helpful...
thanks

zad0 said:

I just don't know what to do, and any advice would be helpful.

Click to expand...

Really simple.
1) File a motion for dismissal due to lack of jurisdiction, and/or
2) Contact the court and ask if they determine jurisdiction, will they allow testimony by telephone.

They don't allow testimony over the phone. I asked them if they could find out exactly why this claim was filed, and they said the only thing they can find is "Breach of Contract". The funny thing is, it was ebay who reviewed the whole case and the dispute I filed on December and made the decision on suspending the users account and paypal refunding my money back. He never sent me any item, so I did my part as the consumer to take action in the issue of him not sending me anything or any type of confirmation.

I would like to know what would happen if I file a countersuit on this and what I would have to do to go about it.