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  1. #1
    Join Date
    Sep 2007
    Posts
    4

    Question Sued for Fraud Over 3 Years After Sale on eBay

    I lost in Small Claims court to a guy who bought a car from me over 3 years ago on Ebay. He lied and claimed the car was salvage and it wasn't and he also claimed the car wasn't original and it was. The Judge didn't even review the evidence he simply took the other guys word. I've filed an appeal and am awaiting a new trail.

    The car was a classic car that was in the process of being restored and because the floors and quarter panels were replaced, the Judge agreed that is wasn't original. Now I will have to educate the new Judge and hope they understand.

    I have two questions: Does seller on Ebay mean that I sold the car under contract law with a 4 year California Statute of Limitations? And two; isn't the limitations on Fraud 3 years in California? Shouldn't the first Judge have thrown this out?

    It's difficult proven the worth of something you sold over 3 years ago and have little documentation for.

    Any advice would be appreciated.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Sued for Fraud over 3 years after sell on Ebay

    Did you appeal the judgment?

    If not, then forget it.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Sued for Fraud over 3 years after sell on Ebay

    You sold the car from California, to somebody else within California, and were sued in a California small claims court?

  4. #4
    Join Date
    Sep 2007
    Posts
    4

    Default Re: Sued for Fraud Over 3 Years After Sale on eBay

    Yes, an appeal has been filed. Yes, this is a California case, as all events occurred in California.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Sued for Fraud Over 3 Years After Sale on eBay

    For your appeal, consider bringing in an expert to testify for you. Make sure the statute of limitations defense has been formally raised. Is there a written contract? If not:
    Quote Quoting California Code of Civil Procedure § 339 - Limitations of Actions
    Within two years:

    1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.

    2. An action against a sheriff or coroner upon a liability incurred by the doing of an act in an official capacity and in virtue of office, or by the omission of an official duty including the nonpayment of money collected in the enforcement of a judgment.

    3. An action based upon the rescission of a contract not in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
    If so,
    Quote Quoting California Code of Civil Procedure § 337
    Within four years:

    1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

    2. An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that where an account stated is based upon an account of one item, the time shall begin to run from the date of said item, and where an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

    3. An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time does not begin to run until the representation becomes false.
    And for action premised exclusively on fraud:
    Quote Quoting California Code of Civil Procedure § 338
    Within three years:
    * * *
    (d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

    * * *
    The discovery rule can thus extend the limitations period, based upon the date the problem is detected and the reasonableness of the delay in detecting the problem.

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