Sent payment for item, but seller now refuses to send it

[itsallaroundyou]

What is the name of your state (only U.S. law)? California

I bought an item via Criagslist for the new york area, and the seller agreed to ship the item to me. The price and terms were mutually agreed upon, and I have the emails saved where she did agree to send the item for the price we settled on ($310).
First question: is our conversation and eventual agreement for this sales transaction a legal and binding contract for both of us?

I sent payment, and before it arrived she posted the item on ebay, trying to sell it again, with out even telling me she was refusing the sale to me.

Second question: Can I take her to small claims court in California? (i read that there is a stipulation that the plaintiff can choose the court location in contract dispute and consumer disputes, but i don't understand all the ins and outs of it).

I want the item I agreed to buy for the price we agreed upon, not for her to refund my money.

Does it sound like i have grounds to sue her?

Thanks in advance (i'm new here so if i broke any rules in my posting, please accept my apologies)

 

[racer72]

If she does not refund the money, you can sue her in New York. You cannot sue out of state defendants in California small claims court. If the seller does refund the money, you would have to buy the exact same item for more that the previously agreed upon price, you could then sue for the difference. In New York. Best option, get your money back and buy locally.

 

[itsallaroundyou]

Here is an excerpt from The Small Claims Court, A Guide to Its Practical Use - California Department Of Consumer Affairs regarding exceptions to suing an out of state defendant outside of their area:

# Contract — The claim may be heard in the county or area of court location in which the contract was entered into, where the contract was to be performed by the defendant, or where the plaintiff is entitled to receive payment, unless the claim arises from a consumer purchase.

# Consumer purchase (claim by seller) — A claim to enforce a debt arising from a consumer purchase can be filed only in the county or area of court location (1) where the consumer signed the contract, (2) where the consumer resided when the contract was signed, (3) where the consumer resided when the action was filed, or (4) where goods purchased on installment credit are installed or permanently kept.

# Consumer purchase (claim by buyer) — An action also can be filed in localities (1), (2), or (3) immediately above by the consumer against a business firm that provided the consumer with goods, consumer services, or consumer credit. An action also can be filed by the consumer in any of those locations if the suit is based on a purchase that results from an unsolicited telephone call made by the seller to the buyer (including a situation where a buyer responds by a telephone call or electronic transmission).


Isn't our agreement (via email) considered a legally binding contract according to the Uniform Electronic Transactions Act of 1999? If that is the case, then either the first or third exception above would apply to my case (i entered into the contract in my county). (At least I hope they would.)

Thanks for the feedback so far

 

[Zigner]

Here is an excerpt from The Small Claims Court, A Guide to Its Practical Use - California Department Of Consumer Affairs regarding exceptions to suing an out of state defendant outside of their area:

# Contract — The claim may be heard in the county or area of court location in which the contract was entered into, where the contract was to be performed by the defendant, or where the plaintiff is entitled to receive payment, unless the claim arises from a consumer purchase.

# Consumer purchase (claim by seller) — A claim to enforce a debt arising from a consumer purchase can be filed only in the county or area of court location (1) where the consumer signed the contract, (2) where the consumer resided when the contract was signed, (3) where the consumer resided when the action was filed, or (4) where goods purchased on installment credit are installed or permanently kept.

# Consumer purchase (claim by buyer) — An action also can be filed in localities (1), (2), or (3) immediately above by the consumer against a business firm that provided the consumer with goods, consumer services, or consumer credit. An action also can be filed by the consumer in any of those locations if the suit is based on a purchase that results from an unsolicited telephone call made by the seller to the buyer (including a situation where a buyer responds by a telephone call or electronic transmission).


Isn't our agreement (via email) considered a legally binding contract according to the Uniform Electronic Transactions Act of 1999? If that is the case, then either the first or third exception above would apply to my case (i entered into the contract in my county). (At least I hope they would.)

Thanks for the feedback so far

You cannot effect proper service upon the other party in your situation...

 

[itsallaroundyou]

Zigner, can you explain that for a person with very little understanding of the legal system? Do you mean, I can't serve her with a summons for court?

 

[Zigner]

Zigner, can you explain that for a person with very little understanding of the legal system? Do you mean, I can't serve her with a summons for court?

You would need to personally serve the other party IN THE STATE. The other party isn't in the state...

 

[itsallaroundyou]

oh ok, I've read that for $30 i think, the local sheriff can do it. i've read there is no guarantee that the summons will make it to the intended party, but that's how its supposed to be done. if someone signs for it, isn't that enough to set a court date? would then the other person, if she chooses not to show up (because she knew or didn't) lose by default or would the court refuse to even set a hearing date without definite proof that the other party received the summons?

 

[Zigner]

oh ok, I've read that for $30 i think, the local sheriff can do it. i've read there is no guarantee that the summons will make it to the intended party, but that's how its supposed to be done. if someone signs for it, isn't that enough to set a court date? would then the other person, if she chooses not to show up (because she knew or didn't) lose by default or would the court refuse to even set a hearing date without definite proof that the other party received the summons?

You will need to sue the person in their state.

Good luck with your case.

 

[itsallaroundyou]

can someone explain why my situation doesn't fall under the exceptions i posted above? I honestly don't see why they wouldn't. We had a contract, she broke the agreement, and i'm entitled to file the case where i signed it (of course she could argue that it has to be in her state, but that would be up to the judge to decide, right?)

 

[Zigner]

can someone explain why my situation doesn't fall under the exceptions i posted above? I honestly don't see why they wouldn't. We had a contract, she broke the agreement, and i'm entitled to file the case where i signed it (of course she could argue that it has to be in her state, but that would be up to the judge to decide, right?)

What kind of business did you buy this item from?

 

[itsallaroundyou]

i bought it from an individual (i found a record that she might be listed as an LLC, but she was not acting in that capacity when she sold the item on craigslist)

 

[racer72]

Simply put, a California judgment is worthless in New York. Your potential defendant can claim that California small claims court do not have jurisdiction and the seller will likely prevail. If you did receive a judgment, you would have to travel to New York to have the judgment domesticated. Expenses such as travel and lodging are not reimbursable. It will end up costing you a whole lot more that $310. Get your money back and move on with your life.

 

[itsallaroundyou]

ok, a few things. first, why would the seller that broke the agreement prevail? just because she's the defendant?

second, what is involved in getting the judgment domesticated?

third, assuming i could get the case filed in CA, aside from the filing fee ($30 i believe) what costs would be involved if i did try to sue her in california? i'd have to send the summons by certified mail, which will be a few bucks. if she claims CA court has no jurisdiction,and the court agrees, how much will that cost me (i.e., is there a fee for canceling the hearing)?

thanks again for the tips, this is helping me get my head around this problem

 

[Zigner]

ok, a few things. first, why would the seller that broke the agreement prevail? just because she's the defendant?

No, just because you can't sue in California in this situation!

second, what is involved in getting the judgment domesticated?

The question is moot.

You need to sue in the seller's state!

 

[itsallaroundyou]

i guess i still don't understand why this situation doesn't qualify as one of the exceptions that i posted above? in those exceptions, CA has jurisdiction over residents and businesses in other states.

this is both a case of a breach contract and problem with a consumer purchase. just saying i can't sue in another state doesn't explain why i can't (sorry if i'm being thick headed, but no one has actually said why in my case, and i do understand in most cases what you all are saying is true, but this is an exception).