Illinois buyer - Iowa seller, What is the proper venue?

[Uncle Frank]

What is the name of your state? Illinois.

I live in Illinois and made an online eBay purchase from an Iowa seller.

I am considering filing a small claims action because of seller misrepresentation issues with that purchase.

According to the Illinois Code Of Civil Procedure I can commence an action "in the county in which the transaction or some part thereof occurred out of which the cause of action arose".

So can I commence an action in the county I live in here in Illinois and serve summons on an Iowa resident?

Thanks.

 

[JETX]

So can I commence an action in the county I live in here in Illinois and serve summons on an Iowa resident?

You can file your suit wherever you want. However:
1) The defendant has the right to file a motion to dismiss due to jurisdiction. You would have to argue that your court is proper, and
2) If you win in your court, you will then have to domesticate your judgment to HIS state in order to try to enforce it... since that is likely where his assets are located.

 

[racer72]

As a long time Ebay seller, I have been sued 3 times from folks that lived in other states. In all 3 cases, I claimed lack of jurisdiction, the transaction took place in my state and that the other state had no jurisdiction in the matter. All 3 cases were dismissed. Have you tried going through Ebay's Square trade program or if you paid with a credit card through Paypal, contest the charge? We have seen a lot of threats to file lawsuits because of Ebay sales and purchases and I still have yet to see someone come back and claim that they successfully sued and collected.

 

[JETX]

I've been with eBay since September, 1996..... and have NEVER been sued, in any state!!!

 

[racer72]

I have over 3,000 sales and ran into 3 buttheads. Despite their apparent problems with their purchases, none left a negative feedback and I still have a perfect 100% positive feedback rating.