Etsy Purchase

[gryndor]

What is the name of your state? I'm in Northern California; She's in Humble, Texas

I made a purchase (October 1, 2019) of two custom made corsets (renaissance bodices) through Etsy.com. They were going to take a while to make, and her messages started saying "sorry for the delay, I've been getting over the flu..." I received one corset (December 13, 2019) and it fit horribly. I messaged the seller, told her as much, sent her photos, and she responded (in March 2020) with "I'm so sorry, I'm happy to replace that one with one that fits, the other one is coming soon!" I sent it back to her and have heard nothing since. I messaged her one last time (April 15, 2020) with a nice "just checking in, hope you and family are doing well" to get the conversation started, but no reply.

Well, it's been six months from my order date and I am starting to feel less like a patient and understanding customer, and more like a fool. I reached out to Etsy and they have a 100-day reporting window. Passed that, no help from them. I reached out to my credit card and they have a 60-day reporting window, missed that too. I'm thinking that small claims is my only outlet now.

QUESTION: Do I file in California courts or Texas courts? Will they even bother with my paperwork because of the whole COVID-19 business? Should I file now and expect a court date wayyy out in the future, or wait until the pandemic settles to file?

Thank you!

 

[quincy]

You should file in Texas.

How much were the corsets?

 

[quincy]

Here is a link to Texas small claims information:
https://guides.sll.texas.gov/small-claims

 

[Taxing Matters]

What is the name of your state? I'm in Northern California; She's in Humble, Texas

QUESTION: Do I file in California courts or Texas courts?

You'll need to sue in Texas. We don't have enough facts to determine if California would have personal jurisdiction over her but even if it did you'd still need to serve her in California, which would mean trying to serve her while she visited the state. That's pretty unlikely.

The problem is that to succeed in the small claims action in Texas you'd need to show up there in the Texas court to present your case and your travel costs don't get added to the judgment. You can ask the court clerk if that court might entertain allowing you to appear by phone or video, but I suspect the answer will be no. It's important for the court to be able to see and hear witnesses live in the courtroom to help assess their credibility, among other things.

 

[gryndor]

You should file in Texas.

How much were the corsets?

They were about $130 each, total with taxes etc, was $301.16

Here is a link to Texas small claims information:
https://guides.sll.texas.gov/small-claims

Looking at this now... very different set up than California... Worried that I will biff something without actually GOING there several times :/

 

[gryndor]

You'll need to sue in Texas. We don't have enough facts to determine if California would have personal jurisdiction over her but even if it did you'd still need to serve her in California, which would mean trying to serve her while she visited the state. That's pretty unlikely.

The problem is that to succeed in the small claims action in Texas you'd need to show up there in the Texas court to present your case and your travel costs don't get added to the judgment. You can ask the court clerk if that court might entertain allowing you to appear by phone or video, but I suspect the answer will be no. It's important for the court to be able to see and hear witnesses live in the courtroom to help assess their credibility, among other things.

I was thinking, I'd be willing to make the drive... but then I looked it up. It's like a 30-hour drive Sheesh.

 

[quincy]

The “whole COVID-19 business” complicates any filing right now, too.

Although $300+ is a significant amount of money, you could easily spend more than that with a lawsuit.

On the plus side, gas prices are about as low as they will ever be again right now, making your 30 hour drive a less expensive one.

 

[gryndor]

The “whole COVID-19 business” complicates any filing right now, too.

Although $300+ is a significant amount of money, you could easily spend more than that with a lawsuit.

On the plus side, gas prices are about as low as they will ever be again right now, making your 30 hour drive a less expensive one.

Sorry, I wasn't trying to be flippant regarding the state of things now... I just know that unless there's an ongoing, time-sensitive case, the courts are probably not taking on anything new or low priority.

And while this is probably just an expensive lesson, I'm super mad at myself for being taken and flabbergasted that nothing can be done... I've had such excellent experiences on Etsy save this one.

 

[quincy]

Sorry, I wasn't trying to be flippant regarding the state of things now... I just know that unless there's an ongoing, time-sensitive case, the courts are probably not taking on anything new or low priority.

And while this is probably just an expensive lesson, I'm super mad at myself for being taken and flabbergasted that nothing can be done... I've had such excellent experiences on Etsy save this one.

It can be a risk to purchase items from unknown sellers online. Had you recognized the problem (or accepted that the seller was a problem) earlier, you would have had more options. Now you are pretty much limited to trying to work out a solution with the seller directly, or sue.

 

[zddoodah]

Do I file in California courts or Texas courts?

Texas. This is presumably a small claims level matter, and California small claims courts would not have jurisdiction over a non-resident in these circumstances (even if you could otherwise show that the seller is subject to personal jurisdiction in California, which seems unlikely).

Will they even bother with my paperwork because of the whole COVID-19 business?

I'm not sure who "they" are. Humble, Texas is in Harris County in the Houston metropolitan area, and you can visit the court's web site to see what the courts there are doing right now.

Should I file now and expect a court date wayyy out in the future, or wait until the pandemic settles to file?

I don't think it makes much difference, but see above.

They were about $130 each, total with taxes etc, was $301.16

You'd have to travel there at least once, and your travel costs would easily exceed $300 and won't be recoverable, so you probably should ask for a refund and hope for the best, but this is probably best chalked up as a lesson about these sorts of transaction and the need to invoke the protections of your credit card and buyer/seller marketplace sites sooner rather than later.

 

[quincy]

grynder, does Etsy have a seller-rating system like eBay has? If so, you could always leave a less-than-favorable rating or review for the seller.

This does not necessarily get you the corsets you ordered, or a refund, but it could bring some sort of satisfaction. And, best case, the seller could try harder to get you the corsets/refund in exchange for you removing your negative review.

If you go the negative review route, make sure you stick to the facts of your experience so you don’t inadvertently defame the corset-maker.

Good luck.

 

[gryndor]

UPDATE: Apparently, my credit card company took pity on me and reversed the charges even though it's WAY passed their 60-day time frame! Thank goodness, and I am NEVER EVER doing business with that seller again!

 

[gryndor]

grynder, does Etsy have a seller-rating system like eBay has? If so, you could always leave a less-than-favorable rating or review for the seller.

The answer is yes and no. They give you a very limited time frame to do anything... you can't leave feedback too early, and you can't leave feedback if you wait too long. Frustrating.

 

[quincy]

UPDATE: Apparently, my credit card company took pity on me and reversed the charges even though it's WAY passed their 60-day time frame! Thank goodness, and I am NEVER EVER doing business with that seller again!

That is really good news. Thank you for the update, gryndor. I am happy all worked out well.