Lisaeh said:
I purchased a pool from a woman in Hanover, Pennsylvannia on ebay through cashier's check from my home state in Oklahoma on Jan. 22. When it came time to receive shipment three weeks later, I paid $190 in COD charges for seven boxes of junk. I have contacted a phone number left on one of the boxes that is the seller, and she said she forgot to ship the other items but never did and it has been one month since contact. I have her husband's address, her "friend" whom I suspect is her's address and phone numbers for both (she said she's in process of divorce). She lied and said she'd ship the items or pay me but has done neither. I want to sue in small claims court, and have lots of proof of fraud (picutres, cashier's check, cancelled COD funds, EBAY auction page, etc.), should I pay extra to have her served by sheriffs or is certified mail to BOTH addresses sufficient? How will I recoup money with her in Pennsylvannia, will they garnish wages? I know she's still legally married, and I'm suing for $700 including court fees. The court date will take place in Oklahoma on May 23. Thank you so much for any advice you can lend,
Lisa
My response:
Bad news, unfortunately.
You're suing in the wrong State. If she lives in PA, Oklahoma has no jurisdiction over her. There is nothing to compel her to cross State lines and submit to the jurisdiction of OK. Sending a package(s) to OK is not enough to satisfy "minimum contacts" with OK to compel jurisdiction.
Also, if you win in OK, and she has no property or bank accounts in OK, then there's nothing in OK for you to attach or garnish. Your judgment from OK is, without spending more money on other procedures, worthless in PA.
Jurisdiction is a complicated issue, and is much more detailed than stated here; but, suffice it to say, if you want to be paid, you need to sue in PA.
Assuming you sue in PA, and you win, the court DOES NOT collect your money for you. That's up to you to do. Once in PA, you might want to go to a bookstore and pick up a book on Small Claims court procedure, which will also tell you how to collect a judgment.
This is the biggest reason why I tell everyone I can that shopping over the Internet is financially dangerous. There's virtually no recourse when you're dealing with someone who is out of State. It usually costs more than it's worth, and the "bad guy" gets away. Always buy locally.
Actually, in a small way, you're lucky. At least you received some of the packages. Oftentimes, people pay their money and receive nothing at all. This Board is dotted with complaints like that each and every week.
Good luck to you.
IAAL
