Taking Paypal to Small Claims Court

[lacysea]

What is the name of your state? New York

Hi, I just returned from Small Claims Court in New York to get the forms to sue Paypal. The Clerk told me I could not sue Paypal since Paypal is not located in New York.

Is this true?

Any advice would be appreciated.

 

[You Are Guilty]

What is the name of your state? New York

Hi, I just returned from Small Claims Court in New York to get the forms to sue Paypal. The Clerk told me I could not sue Paypal since Paypal is not located in New York.

Is this true?

Any advice would be appreciated.

Yes, it is probably true the NY Small Claims clerk told you that. Try this site for more info: http://www.courts.state.ny.us/courts/nyc/smallclaims/startingcase.shtml#where

 

[lacysea]

Suing Paypal using Small Claims Court

Yes, it is probably true the NY Small Claims clerk told you that. Try this site for more info: http://www.courts.state.ny.us/courts/nyc/smallclaims/startingcase.shtml#where

Hi, according to that Site, I can sue because I reside in my county.

Thus, the Clerk gave me the wrong information??

 

[You Are Guilty]

Hi, according to that Site, I can sue because I reside in my county.

Thus, the Clerk gave me the wrong information??

Well, usually the clerks are less than 100%, but here they seem to have a firm grasp on that whole "internet" thing. This is the sentence you're overlooking:

If the defendant does not have residence, employment, or transacts business within the City of New York, you cannot bring the lawsuit in the Small Claims Court.

Long and short of it is, you can attempt to file in NYS, but expect Paypal to move to dismiss for improper venue, (and odds are they would win, which leaves you to file in their home state.)

 

[racer72]

You will not be able to sue Paypal in any small claims court in the US. Any lawsuits against Paypal are turned over to their legal team and the first thing that do is have the case moved to a higher court so they can use all the legal resourses available to them that could not be used in a small claims court setting. The proper venue to sue Paypal is the San Jose, California district court.

 

[dallas702]

Paypal is located in CA (part of Ebay), but small claims actions cannot be kicked up to higher courts. At one time attorneys weren't even allowed to represent either party, but that may have changed. But, OP has to file in CA. BIG pain in the rear.

I'd check around to see if there is a class action suit against Paypal/Ebay. There are hundreds of complaints against them every week. I'm sure some lawyer somewhere has initiated a suit and is looking for clients.