Weird EBAY suit - advice requested

[RandyL712]

A few questions:

1) Is it a crime to say "If you don't pay me, I'm going to file criminal charges?" Is that extortion?

2) If a transaction takes place across state lines (in this case over the internet, but I'm assuming mail order is the same), does the civil action's jurisdiction fall on the buyer's or seller's home county? (Or the auction site's home state?)

3) Here's a hypothetical - say I have a contract to sell my car for $5000 to Susie. But Susie refuses to pay, and Billy walks up and offers $4000. Don't I have to "mitigate my damages" with Susie, and sell the car for $4000 and sue Susie for the difference ($1000)? Or can I collect all $5000 from Susie if I decide I won't sell the car to anyone but her?

4) Hopefully this is an easy one - if you're sued by someone and suspect that they sue people all the time and abuse the system, what means can I use in small claims to file some sort of dismissal request based on frivolous lawsuits?

Thanks all, I would really appreciate if you could answer each question. Be sure to include your address so I know what to mail the cookies

 

[JETX]

First, before your questions, we have to know.. are you in the witness protection program?? IF not, can you read the RED text at the top of the screen???? Without knowing where you are, the following answers are generic at best....

Q1) "Is it a crime to say "If you don't pay me, I'm going to file criminal charges?" Is that extortion?"
A1) No.

Q2) "If a transaction takes place across state lines (in this case over the internet, but I'm assuming mail order is the same), does the civil action's jurisdiction fall on the buyer's or seller's home county? (Or the auction site's home state?)"
A2) The plaintiff can file it anywhere he wants, including federal court. The key is whether the defendant will file for a dismissal for lack of jurisdiction.

Q3) "Here's a hypothetical - say I have a contract to sell my car for $5000 to Susie. But Susie refuses to pay, and Billy walks up and offers $4000. Don't I have to "mitigate my damages" with Susie, and sell the car for $4000 and sue Susie for the difference ($1000)?"
A3) Yes.

Q4) "Or can I collect all $5000 from Susie if I decide I won't sell the car to anyone but her?"
A4) Not if Susie finds out that you rejected another valid offer. Also, why would you reject a sure $4000, plus a MAYBE of $1,000 for a MAYBE of $5000. Wouldn't be smart.

Q5) "Hopefully this is an easy one - if you're sued by someone and suspect that they sue people all the time and abuse the system, what means can I use in small claims to file some sort of dismissal request based on frivolous lawsuits?"
A5) How do you define 'abuse the system'?? It sounds like you are basing this on a person filing suits "all the time". Quantity of suits has nothing to do with it. If the plaintiff is in a business (landlord with a lot of strip shopping centers comes to mind) that he files 10 lawsuits a month for unpaid rent. As long as the suits are not FRIVOLOUS and have some merit, that is not abuse. And his lawsuit against you would be determined on its own merits.