What's the maximum for small claims court?

[photogurl]

What is the name of your state?Texas

I paid for an expensive item on ebay ($3200) and I paid with a money order, not through PayPal (does that make a difference?) The money order was cashed but after a two month run-around from the guy I never received my item. I guess I have to sue, but isn't this amount too big for small claims courtt? Someone told me in small claims court I can't sue for travelling expensies etc, but if I have to sue in regular court because the amount is too high for small claims, then I can right? Thanks

 

[zippysgoddess]

The max you can sue for in small claims in Texas is $5,000 so you are within the limit.

http://www.legalzoom.com/law_library/smallclaims/qualification.html

 

[photogurl]

Do you think I have a shot in this case, esp considerig I paid with a money order? I won't ever do that again. Basically it sounds like it's his word (that he mailed it) against mine.

 

[janedoe23]

If you kept the stub of the money order there should be an 800 # to call to get a copy of the signed money order. You have to pay for a copy of course and it could take a few weeks to get. Paying with a money order isn't stupid! Even if you paid with Paypal you could or should I say probably would be very well in the same situation as you are now.

Far as your case goes I think once in court he has to show proof that he shipped it. And I would think a high cost item like that would have a tracking #, insurance or some type of delivery conformation. Even if he didn't choose any of these options he should still have a reciept with a zip code it is being delivered to.

Did the auction say any of these options were included with shipping?

 

[shortbus]

Does the seller also live in Texas? If not, you have a threshold issue of whether your local small claims court can exercise jurisdiction over him.

 

[photogurl]

He said he paid for cash when shipping it, and doesn't have the receipt anymore... so I guess there's no way to trace it? Thanks

 

[dallas702]

So he's SOL and you take him to court. Remind him that he may also be prosecuted for theft.

 

[California-Atty]

Yes, by all means sue him . . . especially if he's out of State. Then, you'll learn about the word "jurisdiction" and figure out (hopefully) that you're dumber than a bucket of rocks.

IAAL