jurisdiction on internet transactions?

[dallas702]

What is the name of your state? Nevada

I know this question must have been asked, but I haven't seen a real answer yet. Typical scenario: bought car on Ebay, seller lied about condition; had many conversations about condition of car after it arrived; seller agreed to send or pay for parts and some repairs; when he never followed through I filed complaint with Ebay; he got bounced/said he wouldn't pay. I have made demand for payment, but now want to sue. I'm in Nevada, he is in Michigan. I wired money, had car shipped via pro transport. Ebay is in CA.

Where do I file the suit? Is it worth the bother to file in NV if he can immediately ask for dismissal for lack of jurisdiction? He also presents himself as a business selling cars in Michigan (professional duty). Small claims is too small in MI, close to amount in NV. If I have to go to Justice or District Court, I will file for $10,000+.

Please...I do not need a lay opinion. I would appreciate a real legal answer from an attorney or from someone who has gone through the entire process.

 

[john123456]

What is the name of your state? Nevada

I know this question must have been asked, but I haven't seen a real answer yet. Typical scenario: bought car on Ebay, seller lied about condition; had many conversations about condition of car after it arrived; seller agreed to send or pay for parts and some repairs; when he never followed through I filed complaint with Ebay; he got bounced/said he wouldn't pay. I have made demand for payment, but now want to sue. I'm in Nevada, he is in Michigan. I wired money, had car shipped via pro transport. Ebay is in CA.

Where do I file the suit? Is it worth the bother to file in NV if he can immediately ask for dismissal for lack of jurisdiction? He also presents himself as a business selling cars in Michigan (professional duty). Small claims is too small in MI, close to amount in NV. If I have to go to Justice or District Court, I will file for $10,000+.

Please...I do not need a lay opinion. I would appreciate a real legal answer from an attorney or from someone who has gone through the entire process.

Did you even bother to search the forum archives?

 

[dallas702]

Actually, I did. There seem to be numerous "opinions" about jurisdiction, but I didn't see legal confirmation or experience.

I would appreciate an answer rather than sarcasm.

 

[racer72]

Jurisdiction would be in Michigan, that is where the transfer of funds for merchandise took place. The only exception would be if the seller has a physical presence in your home state. For a private sale, this can be hard to determine.