Help Can Someone Do A Small Claims Out of State Case Against Me & If So What Do I Do

[Hershon]

Help Can Someone Do A Small Claims Out of State Case Against Me & If So What Do I Do

What is the name of your state? California

I would really be greatful if someone can explain to me if a person can file a "Nuisance" Out of State Small Claims Case Against Me & If So What Can I Do as my funds are limited. Feel free to skip the next paragraph if its moot in regards to filing small claims against someone out of state:

Specifically and this is just ridiculous, I got into an Ebay dispute as a buyer with a seller. I bought a bunch of comic books for $40- yes I'm an adult! from him to read and then to resell on Ebay to recoup some of my costs. I went ahead and used on Ebay of the "plain photo or scan" he did of the comics he sold me, on my Ebay listing. He did not have another set to sell if that makes a difference so I wasn't competing against him. I was under the assumption that since I bought and paid for this item, I could use the photo of these ordinary unrare comics on my Ebay listing. He complained to Ebay and Ebay took my listing down and made me do another one without his picture. This led to a pissing contest between him and me over this that was reflected in Feedback we gave each other and the fact that he overcharged me on shipping. He lives in Illinois and I live in California.

Is he allowed to file a small claims case against me, however ridiculous, if he is in Illinois and I am in California? If so, how am I suppose to defend myself as I have little funds? I can not afford to fly to Illinois to defend myself and/or hire a lawyer. Or is an out of state small claims case decided in the state of the defendent? If this is so, is he required to be in a California Court? If this then goes to Small Claims Court and I don't show up or can't afford a lawyer, does the plantiff win by default? If so and a judgement is rendered against me and as I have less then $1,000 in the bank (I live on a $32,000 a year pension) and don't own a house or car, can I just ignore everything? I'd appreciate if someone does illuminate on this. Thank you very much for your help.

 

[dcatz]

What is the claim about? What damages has he incurred, if you paid him? Is he asking for damages for “the contest” on Ebay? Were you served? Write a letter to the court denying that it has jurisdiction.

 

[Hershon]

He suffered no damages in regards to cost or anything. Apparently Ebay has a policy that I wasn't aware of at the time and/or interpreted differently, that a person can not use someone elses photo of an item. As I had bought the item from him for $42, I assumed since the photo was just a photo of a bunch of nonrare comic books stacked together, that I could use that when I resold the same item on Ebay. Item being comic books that I won, paid the guy for, read and then relisted on Ebay using his generic type photo. He didn't have this item to resell so it was not like I was now competing with him in terms of sales using this photo. He found out about this, contacted Ebay and they removed the listing, saying it was in violation of Ebay policy. The end. I do not see how any damages occured to him by using a worthless photo of an item I had bought from him that Ebay removed from auction when he reported it.

 

[Hershon]

PS So If I live in California A Court Can find Judgement Against me in Illinois?

Is that correct in regards to small claims?

 

[dcatz]

I can't see jurisdiction for an injury that hasn't occurred, and you have not described one yet. Not unless it was a copyright-protected "scan".

It was Ebay'spolicy that was violated.

 

[Hershon]

This jerk Ebay guy considered it a violation of his copyright. Specifically, I used his photo of a bunch of nonrare comic books grouped togethered that he considers his copyright because he took the picture of them for the purpose of listing his ad on EBay. Too me the picture is still worthless as it was nothing unique etc. and I didn't benefit financially from in any way because Ebay pulled my listing. If he would have taken a picture of the sidewalk and I used that this guy still thinks thats copyright theft. Basically some of these people need to get a life and I don't want to suffer because of it.

 

[FlyingRon]

It is copyright violation. You didn't buy rights to the photo with the auction. Get your own camera.

 

[racer72]

This jerk Ebay guy

You shouldn't call yourself names. If you took the time to read the eBay policies, you would see that the photos that sellers supply with their listings belong to them. I could give you a perfectly good answer to your dilemma but scum like you make me sick. It's idiots like you that I have to place a copyright on every photo I place on eBay, this takes time away from me to do other things. Google "digital copyright".

 

[Hershon]

So racer72 its OK for you to call me scum because its you calling me names but its not OK for me to refer to someone as a jerk. Yeah, I get it. I realise what a precious thing a photo is of 20 recent comics next to each other nondiscript of an item I bought is & the great value of its worth. Right Thank you for your answer. You remind me of a girl who blames a guy she doesn't know for all the problems shes had with men.

 

[racer72]

The person you called a jerk did nothing wrong. He is not a jerk. Your the type of person that blames everyone else for your own shortcomings. Also, as an eBay seller with a feedback rating of over 10,000 with 100% positive feedback, I have earned the right to call people like you scum.