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Small Claim Suit re:Ebay Item Not Received

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chainsaw6

Junior Member
What is the name of your state? Tennessee
Seller is in Washington State. Seller shipped pkg, got damaged by carrier. Carrier settled claim with seller, seller kept my $ and carrier's $. Suit is to get my initial $ back (850.00). I named seller in my small claims suit. Seller emailed saying my suit is invalid as company has gone out of business and because I did not name the company. Is this accurate? Is it not true that if the court has granted a court date, that the court accepts my suit as valid?
Seller is trying to strong-arm me into not pursuing this in court via threats in the email. Any words of advice?
Thanks very much in advance.
 


JETX

Senior Member
chainsaw6 said:
I named seller in my small claims suit. Seller emailed saying my suit is invalid as company has gone out of business and because I did not name the company. Is this accurate?
Probably not.... but was this seller a corporation or a d/b/a or what??
WHO and HOW did you nameyour lawsuit.

Is it not true that if the court has granted a court date, that the court accepts my suit as valid?
Not true. Anyone can name anyone in a lawsuit. That does NOT mean the suit is valid or has merit.

Seller is trying to strong-arm me into not pursuing this in court via threats in the email. Any words of advice?
Yep. You say that the defendant has emailed you. Has he actually been properly served with your notice of lawsuit?? If so, has he filed a response with the court?? If not, then you have a fairly good chance of a default judgment against him.
Do NOT communicate further with this idiot..... and let the court do their job.
 

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