Jurisdiction for cross-country action

[RandyL712]

In an EBAY auction - the seller in Oregon, and the buyer in Colorado, things went wrong

The SELLER (Oregon) wants to sue the buyer (Colorado).

Don't you have to file the suit in the county of the DEFENDANT (i.e., in Colorado courts)?

Can the SELLER (Oregon) get jurisdiction and sue in Oregon courts? (The buyer does NOT want to hold the case in Oregon courts).

Please answer this for me ASAP, the clerks of both states aren't quite positive on this point, and it's obviously important.

 

[JETX]

The Plaintiff can sue you wherever he/she wants. It would then be up to the Defendant to file a Motion for Change of Venue as to jurisdiction.

And here are the problems that could arise:
1) Either party might claim that the 'actual' transaction occurred in California, at eBay's home court, since that was where the negotiations were done.
2) The seller can claim that since the product was at his location when the deal was entered, and it shipped from his location, he has venue.
3) The buyer can claim that the deal wasn't 'consummated' until the product was delivered and inspected at HIS location, he has venue.

Bottomline: The only venue that couldn't be challenged is Federal court.

Suggestion: If you just CANNOT resist protecting yourself with a credit card payment on internet transactions, at least make sure that you have the seller (or buyer) agree in WRITING that any discrepancies will be litigated in YOUR state before paying.